HomeMy WebLinkAboutCC RESO 2006-35RESOLUTION NO. 2006 — 35
RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF NATIONAL CITY
APPROVING A TENTATIVE SUBDIVISION MAP
FOR 63 RESIDENTIAL CONDOMINIUM UNITS
AND TWO COMMERCIAL CONDOMINIUM UNITS
LOCATED ON THE SOUTH SIDE OF 8TH STREET,
THE EAST SIDE OF "D" AVENUE, AND
THE NORTH SIDE OF 9TH STREET
(HARBOR VIEW CONDOMINIUMS)
APPLICANT: GULF UNLIMITED CORPORATION
CASE FILE NO. S-2005-11
WHEREAS, application was made for approval of a Tentative Subdivision Map
for 63 residential condominium units and two commercial condominium units located on the
south side of 8th Street, the east side of "D" Avenue, and the north side of 9th Street within the
City of National City on property generally described as:
Lots 1, 2 and 3, in block 1 of the north 371/2 feet & the east 54.78 feet of lot 4, &
the east 53.36 of lot 5 in block 1 of T. Parson's Addition, being a subdivision of
ten acre lot 16 in quarter section 154 Ranch De La Nacion, in National City, in
the County of San Diego, State of California, according to map thereof no. 57,
filed in the Office of the County Recorder of San Diego County, April 26, 1881.
WHEREAS, the Planning Commission considered said application at a public
hearing held on. December 19, 2005, and by Resolution recommended conditional approval of
the application; and
WHEREAS, the City Council considered said application at a public hearing held
on February 21, 2006, 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 No. S-2005-11, 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 that it hereby approves said Tentative Subdivision Map based on the following
findings:
1. The proposed Tentative Subdivision Map is consistent with the General Plan and
Downtown Specific Plan pursuant to the findings for Consistency Review (DSP-2005-2)
approved on December 13, 2005 by the Community Development Commission Board.
2. The site is physically suitable for the proposed type of development since the site is
adequate in size and shape, relatively level, accessible, and served by the necessary
facilities and services needed for the proposed type of development.
Resolution No. 2006 — 35
February 21, 2006
Page 2
3. The site is physically suitable for the proposed density of development since the proposed
subdivision would comply with the applicable development standards or has been granted
the appropriate exemptions pursuant to the findings for Consistency Review (DSP-2005-2)
approved on December 13, 2005 by the Community Development Commission Board.
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 in an urbanized area and was previously developed and
contains only ruderal vegetation and no bodies of water.
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.
BE IT FURTHER RESOLVED that the City Council has considered that the
Program Environmental Impact Report for the Downtown Specific Plan serves as adequate
environmental documentation, together with any comments received during the public review
process, and finds on the basis of the whole record that that the project was adequately
considered by the Program Environmental Impact Report, which reflects the City's independent
judgment and analysis, and hereby authorizes the filing of a Notice of Determination.
BE IT FURTHER RESOLVED that based on the findings hereinbefore stated,
that the City Council approves said Tentative Subdivision Map subject to the following
conditions:
1. Mitigation Measures. The Tentative Subdivision Map shall be subject to all applicable
mitigation measures of the adopted Mitigation Monitoring and Reporting Program of the
certified Program Environmental Impact Report for the Downtown Specific Plan.
Resolution No. 2006 — 35
February 21, 2006
Page 3
2. Approved Exhibit. The Tentative Subdivision Map authorizes the subdivision of the subject
property for condominium purposes consisting of 63 residential units and two commercial
units in conformance with Exhibit (S-2005-11), dated December 19, 2005, except as
modified by the conditions of approval.
3. Consistency Review. The Tentative Subdivision Map shall be consistent with Downtown
Specific Plan Consistency Review (DSP-2005-2).
4. Landscape Plans. The applicant shall submit landscape and irrigation plans to the City of
National City for approval and shall install and construct all improvements pursuant to the
approved plans prior to occupancy.
5. Lighting Plans. The applicant shall submit lighting plans to the City of National City for
approval and shall install and construct all lighting pursuant to the approved plans prior to
occupancy. Lighting shall be designed to provide adequate illumination for safety, security,
identification, and direction as well as for landmark visibility of the primary buildings and/or
significant features of the project.
6. Sign Program. The applicant shall submit a sign program to the City of National City for
approval, and all signs shall be designed and installed pursuant to the approved sign
program.
7. Public Art Program. The applicant shall submit a public art program to the City of National
City for approval and shall install, construct, or implement the approved public art program
prior to occupancy.
8. Green Design. The applicant shall incorporate green design, energy efficiency, waste
reduction, recycling, water conservation, and sustainable design in the project to the
maximum extent feasible.
9. Public Improvements. The applicantshall submit improvement plans for all adjacent public
rights -of -way to the City of National City for approval. The plans shall be consistent with
the Downtown Specific Plan, including the Open Space Framework, the Streetscape
Master Plan, and the Design Guidelines. The improvements shall include but not be
limited to streets, alleys, curbs and gutter, sidewalks, medians, parkways, landscape, street
lights, street furniture, traffic control, utilities and other infrastructure. The applicant shall
install and construct the improvements pursuant to the approved plan prior to occupancy.
10. Engineering Requirements. The applicant shall comply with all engineering requirements,
including the listed requirements contained in Engineering Department memorandum
dated September 14, 2005.
a) 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.
Resolution No. 2006 — 35
February 21, 2006
Page 4
b) 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.
c) 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.
d) Alt surface run-off 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.
e) 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.
Ali 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.
f) A National Pollutant Discharge Elimination System (NPDES) permit is required
for discharged 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.
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.
g)
Resolution No. 2006 — 35
February 21, 2006
Page 5
h) A soils engineering report shall be submitted for the Engineering Department's
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-34. All soils report findings and recommendations shall be part of the
Engineering Department requirements.
i) The deteriorated portions of the existing street improvements (sidewalk and alley)
along the property frontages shall be removed and replaced.
j) 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.
k) Street improvements shall be in accordance with City Standards. All missing street
improvements shall be constructed. All abandoned driveway aprons shall be
replaced with curb, gutter and sidewalks.
I) A title report shall be submitted to the Engineering Department for review of all
existing easements and the ownership of the property.
m) 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.
n) 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.
o) 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.
p) 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.
q) All utility distribution facilities within the boundaries of the subdivision, and within
the half street abutting the new subdivision, shall be placed underground.
Resolution No. 2006 — 35
February 21, 2006
Page 6
r) The final map shall be recorded prior to issuance of any building permit.
s) All new property line survey monuments shall be set on private property, unless
otherwise approved.
t) The parcel map/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.
11. Public Works Requirements. The applicant shall comply with all public works
requirements, including the listed requirements contained in Public Works Department
memorandum dated September 12, 2005.
a) The developer shall replace all sidewalks adjacent to the project.
b) The developer shall prepare a sewer capacity study that confirms the availability of
sewer capacity.
c) The developer shall install streetlights along the project street frontages.
d) The developer shall install street trees.
12. Fire Department Requirements. The applicant shall comply with all Fire Department
requirements, including the listed requirements contained in Fire Department
memorandum dated September 12, 2005.
a) Automatic fire sprinkler system will be required in the underground parking area.
b) Wet standpipes will be required.
c) Automatic fire alarm system will be required.
d) Estimated minimum fire flow will be 3,000 pgm measured at 20 psi residual with a
flow duration of 4 hours.
e) Underground parking area must have ready emergency access on both sides of
parking area.
13. Covenants, Conditions, and Restrictions. The applicant shall submit a declaration of
covenants, conditions, and restrictions to the City of National City for approval prior to
approval of a Final Subdivision Map. The CC&Rs shall run with the land, clearly setting
forth privileges and responsibilities, including maintenance, involved in the common
ownership of buildings, streets, parking areas, walks, open spaces, recreation areas,
utilities, and common areas and facilities. The CC&Rs shall allow the City of National City
the authority but not the obligation to assume the maintenance of the property and assess
the full cost, including overhead costs, as a lien against the property if said property is not
Resolution No. 2006 — 35
February 21, 2006
Page 7
adequately maintained pursuant to the CC&Rs. The CC&Rs shall include a determination
that the funds provided by the maintenance provisions will be sufficient to cover all
contemplated costs. The CC&Rs shall be approved as to form and content by the City
Attorney of the City of National City.
14. Property Owners Association. A corporation, association, property owners' group, or
similar entity shall be formed with the right to assess properties that 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 such
common areas and facilities. Such entity shall operate under recorded CC&Rs approved
by the City of National City, which shall include compulsory membership of all property
owners and flexibility of assessments to meet changing costs of maintenance, repairs, and
services.
15. Business Improvement District. Pursuant to the Implementation Program of the Downtown
Specific Plan, ail properties within the Morgan Square Business Improvement District shall
be incorporated into and assessed as provided for in the district for purposes for which the
district was formed.
16. Landscape Maintenance District. Pursuant to the Implementation Program of the
Downtown Specific Plan, all properties within the boundaries of the Downtown Specific
Plan shall be incorporated into a landscape maintenance district and assessed as provided
for in the district for purposes for which the district was formed.
17. Parking District. Pursuant to the Implementation Program of the Downtown Specific Plan,
all properties within the boundaries of the Downtown Specific Plan shall be incorporated
into a parking district and assessed as provided for in the district for purposes for which the
district was formed.
18. Acceptance of Conditions. The applicant and property owner shall sign and have notarized
an Acceptance Form acknowledging and accepting all conditions of approval of this permit.
Failure to return the signed and notarized Acceptance Form within 30 days of approval of
this permit shall automatically terminate this permit. The applicant shall record a Notice of
Restriction on Real Property with the San Diego County Recorder. The Notice of
Restriction shall provide that the conditions of approval of this permit are binding on all
present and future interest or estate holders of the property. The Notice of Restriction shall
be approved as to form by the City Attorney and signed by the City Manager prior to
recordation.
19. Expiration. Approval of the Tentative Subdivision Map expires two (2) years after the
effective date of approval unless prior to that date a request for a time extension not
exceeding three (3) years has been filed as provided by Municipal Code §17.04.070.
BE IT FURTHER RESOLVED that copies of this Resolution shall be transmitted
forthwith to the applicant.
Resolution No. 2006 — 35
February 21, 2006
Page 8
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 21st day of February, 2006.
#71,is za, Mayor
ATTEST:
„„/„....47
4
Mic ael R. Della, ity Clerk
APPROVED AS TO FORM:
George H. Eiser, III
City Attorney
Passed and adopted by the Council of the City of National City, California, on February
21, 2006, by the following vote, to -wit:
Ayes: Councilmembers Inzunza, Morrison, Natividad, Parra, Zarate.
Nays: None.
Absent: None.
Abstain: None.
AUTHENTICATED BY:
By:
NICK INZUNZA
Mayor of the City of National City, California
CityCI k of the of atio ity M nal City, California
Deputy
I HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of
RESOLUTION NO. 2006-35 of the City of National City, California, passed and adopted
by the Council of said City on February 21, 2006.
City Clerk of the City of National City, California
By:
Deputy