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HomeMy WebLinkAboutCC RESO 2006-08RESOLUTION NO. 2006 — 8 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY APPROVING A TENTATIVE SUBDIVISION MAP FOR THE CONSOLIDATION OF THREE PROPERTIES ON THE EAST SIDE OF THE 1900 BLOCK OF PALM AVENUE INTO AN APPROXIMATELY 34,500 SQUARE FOOT LOT WITH A PLANNED DEVELOPMENT PERMIT FOR SEVEN SINGLE-FAMILY HOMES (CONDOMINIUM OWNERSHIP) AND VARIANCES FOR EXCEEDING DENSITY AND WALL HEIGHT LIMITS APPLICANT: DIAZ DEVELOPMENT CASE FILE NO. S-2005-6/PD-2005-4/Z-2005-7 WHEREAS, application was made for approval of a Tentative Subdivision Map for the consolidation of three properties on the east side of the 1900 block of Palm Avenue into an approximately 34,500 square foot lot with a Planned Development Permit for seven single- family homes (condominium ownership) and Variances for exceeding density and wall height limits on property generally described as: Portion of Tract 166 in Rancho De La Nacion in the City of National City, County of San Diego, State of California WHEREAS, the Planning Commission considered said application at a public hearing held on November 21, 2005, and by Resolution recommended conditional approval of the application; and WHEREAS, the City Council considered said application at a public hearing held on December 20, 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-2005-6/PD-2005-4/Z-2005-7 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 for consolidation of three properties on the east side of the 1900 block of Palm Avenue into an approximately 34,500 square foot lot with a Planned Development Permit for seven single-family homes (condominium ownership) and Variances for exceeding density and wall height limits, based on the following findings: 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 the proposed project will create home ownership opportunities, and since the proposed three and four bedroom homes will serve the needs of large families. Resolution No. 2006 — 8 January 17, 2006 Page 2 2. The site is physically suitable for the proposed type of development, since the 34,500 square foot property can contain the seven single-family detached houses. 3. The site is physically suitable for the proposed density of development, since required off- street parking and some yards areas will be provided. 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 the site is partially developed already, and since the portion that is not developed has been disturbed. 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. 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 PLANNED DEVELOPMENT PERMIT 1. That the site for the proposed use is adequate in size and shape, since the 34,500 square foot lot can contain the seven houses, and since required off-street parking and some yard areas will be provided. 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 the proposed project will result in a relatively minor increase of 64 Average Daily Trips (ADT) that can be accommodated by Palm Avenue a local residential street. 3. That the proposed use will not have an adverse effect upon adjacent or abutting properties, since most required setbacks and building height will be met, and since required off-street parking will be provided. Resolution No. 2006 — 8 January 17, 2006 Page 3 4. That the proposed use is deemed essential and desirable to the public convenience and welfare, since it results in the creation of additional home ownership opportunities, that will appeal to families, and since it more fully utilizes a currently underutilized property. FINDINGS FOR APPROVAL OF THE VARIANCES FOR EXCEEDING DENSITY AND WALL HEIGHT LIMITS 1. That because of special circumstances applicable to the property, including shape, topography, the strict application of Title 18 of the Municipal Code (Zoning) deprives such property of privileges enjoyed by other property in the vicinity and under the identical zone classification, since the L-shape of the property coupled with the slope of the eastern portion of the lot make development of the site considerably more difficult to develop than regular shaped, level lots in the area and under the same zone classification. 2. That the requested variance is subject to such conditions which will assure that the adjustment authorized will not constitute a grant of special privileges inconsistent with the limitations upon other properties in the vicinity and zone in which such property is situated, since conditions of approval require aesthetically pleasing development consistent with City Design Guidelines. 3. That the variance does not authorize a use or activity which is not otherwise expressly authorized by the zoning regulations governing the parcel of property, since single-family detached houses are allowed in the RS-3-PD Zone. BE IT FURTHER RESOLVED that based on the findings hereinbefore stated, said tentative subdivision map for the consolidation of three properties on the east side of the 1900 block of Palm Avenue into an approximately 34,500 square foot lot with a Planned Development Permit for seven single-family homes (condominium ownership) and Variances for exceeding density and wall height limits is hereby approved subject to the following conditions: 1. This Tentative Subdivision Map and Planned Development Permit authorize the consolidation of three properties into one lot, the creation of a condominium interest in the property and seven single-family houses to be built on it. Except as required by conditions of approval, all plans submitted for permits associated with the project shall conform with Exhibit A, Case File no. S-2005-6/PD-2005-4/Z-2005-7, dated 11/1/2005. 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. No accessory structures, except those shown on the above noted plans, are permitted on - site. 4. Appropriate safety barriers shall be placed atop all retaining walls on -site, subject to review and approval by the Planning Director. Resolution No. 2006 — 8 January 17, 2006 Page 4 5. 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. 6. 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 driveways, walks, utilities, retaining walls and open spaces, prior to 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. 7. 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. 8. 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. 9. 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 Public Works Departments requirements. 10. 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. 11. 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. Resolution No. 2006 — 8 January 17, 2006 Page 5 12. 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 checklist for preparation of the grading plan, drainage plan and Standard Urban Storm Water Mitigation Plan (SUSMP) are available at the Public Works Department. 13. 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 submitted showing all of the existing and proposed improvements. The plans shall be in accordance with City requirements. 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. The deteriorated portions of the existing street improvements (25' of driveway and 20' sidewalk) along the property frontages shall be removed and replaced. 16. All street damage caused by developer shall be repaired. 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 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 to adjustment according to actual worked hours. 19. The final parcel 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. Resolution No. 2006 — 8 January 17, 2006 Page 6 20. 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. 21. 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. 22. All utility distribution facilities within the boundaries of the subdivision, and within the half street abutting the new subdivision, shall be placed underground. Power poles are in the subdivision and shall be removed. 23. The final map shall be recorded prior to issuance of any building permit. 24. All new property line survey monuments shall be set on private property, unless otherwise approved. 25. 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. 26. Fire access is required with a minimum 20-foot width and minimum 13 foot 6 inch vertical clearance and a radius of 28 feet. If the fire access roadway cannot be provided a residential fire sprinkler system shall be provided. 27. Fire hydrants shall be located so that there is not more than 300 feet between them. 28. Consistent with SUSMP requirements mitigation measures shall be included in the final construction design of the project, such that existing and proposed slopes are not eroded. 29. The sewer laterals for Buildings 1 and 2 shall be 6 inch in diameter within the Palm Avenue right-of-way. 30. Television cable companies shall be notified a minimum of 48 hours prior to filling of cable trenches. 31. Exterior walls of retaining walls/fences 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. 32. 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. Resolution No. 2006 — 8 January 17, 2006 Page 7 33. Before this Tentative Subdivision Map 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 Tentative Subdivision Map and 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 Tentative Subdivision Map and 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. 34. 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 §17.04.070. The Planned Development Permit and Variance shall expire concurrent with the Tentative Map, or two -years after recordation of a final map, unless extended in according to the provisions of Title 18 of the National City Municipal Code. 35. Plans shall be revised to include not more than seven houses. The revised plans shall be consistent with all applicable Land Use Code (Title 18 Zoning) requirements, subject to approved exceptions and variances. 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 17th day of January, 2006. ATTEST: c ael R. Dalla City Cl erk lerk Nick Inzunza, Mayor APPROVED AS TO FORM: George H. Eiser, III City Attorney Passed and adopted by the Council of the City of National City, California, on January 17, 2006, by the following vote, to -wit: Ayes: Councilmembers Inzunza, Morrison, Natividad, Parra, Zarate. Nays: None. Absent: None. Abstain: None. AUTHENTICATED BY: NICK INZUNZA Mayor of the City of National City, California City Clerk of the City of National City, California By: Deputy I HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of RESOLUTION NO. 2006-8 of the City of National City, California, passed and adopted by the Council of said City on January 17, 2006. City Clerk of the City of National City, California By: Deputy