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HomeMy WebLinkAboutCC RESO 2006-261RESOLUTION NO. 2006 — 261 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY APPROVING A TENTATIVE SUBDIVISION MAP AND PLANNED DEVELOPMENT PERMIT, APPROVING A NEGATIVE DECLARATION, AND AUTHORIZING THE FILING OF A NOTICE OF DETERMINATION FOR A RETIREMENT COMMUNITY INCLUDING 498 SENIOR RESIDENTIAL UNITS ON AN 11.9-ACRE VACANT SITE BETWEEN 4TH AND 8TH STREETS AND BETWEEN ARCADIA AVENUE AND BURDEN DRIVE APPLICANT: GENERATIONS DEVELOPMENT, LLC CASE FILE NO. S-2006-2/PD-2006-1/IS-2006-1 WHEREAS, application was made for approval of a Tentative Subdivision Map and Planned Development Permit for a retirement community including 498 senior residential units on an 11.9-acre vacant site between 4th and 8th Streets and between Arcadia Avenue and Burden Drive, on property generally described as: A portion of the Northeast IA of the Southwest Quarter, a portion of the southeast '/ of the southwest quarter, a portion of the northwest IA of the southeast'/, and a portion of the southwest '/4 of the southeast 1/4 of Quarter Section 105 of Rancho De La Nacion according to Map thereof No. 166, together with Lots 1 thru 20 of Traquilla Place according to Map thereof No. 1433, all in the City of National City, County of San Diego, State of California WHEREAS, the Planning Commission of the City of National City, California, considered said application at a public hearing held on September 18, 2006, 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 October 17, 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 Nos. S-2006-2/PD-2006-1 and IS-2006-1 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 and Planned Development Permit, for a retirement community including 498 senior residential units on an 11.9-acre vacant site between 4th and 8th Streets and between Arcadia Avenue and Burden Drive, based on the following findings: Resolution No. 2006 — 261 December 19, 2006 Page 2 FINDINGS FOR APPROVAL OF THE 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. 2. The proposed map is consistent with the National City General Plan and applicable specific plans, since the proposed senior residential community, at a density of 41.4 units per acre, is consistent with the uses allowed in the Senior Citizens' Housing (RM-3) Zone and the density of other similar senior projects within the City, since the proposal adds infill development suitable for a specific segment of our community as described in the report, and since there are no specific plans applicable to the property. This consistency finding is dependent upon the subsequent City Council action to amend the National City General Plan and applicable specific plans, which are not part of this action at this time. 3. The site is physically suitable for the proposed type of development, since the proposed senior residential community will provide a needed service for senior residents; meet or exceed many design regulations required of non -age restricted apartments; add to the urban character of the area; and the development mostly follows the existing contours of the site and only minimal grading will be needed to establish stable building pads. 4. The site is physically suitable for the proposed density of development, since the three- to six -story buildings proposed will be buffered from the established single-family neighborhood adjacent to the east by the San Diego Academy property and a three-story multi -family subdivision currently under construction, will be buffered from the established single-family neighborhood to the north by appropriate setbacks, landscaping, and site layout, and will complement the existing hospital campus to the west. 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. Resolution No. 2006 — 261 December 19, 2006 Page 3 9. The subdivision has been considered by the Planning Commission with regard to its benefit to senior housing needs in the community and the region, and these needs are balanced by the availability of public service and public utilities to the project site. 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 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 site can accommodate 498 senior apartments with adequate parking, social services and amenities, and useable common spaces which are appropriate for a senior residential community. 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 498 new senior apartments will generate approximately 1,860 average daily trips (ADT) which can be adequately served by adjacent streets, including East 4th Street, which is a collector with a functional maximum ADT of 10,000, and E. 8th Street, which is a major arterial with a functional maximum ADT of 25,000. 4. 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 the characteristics integrated into the project will allow it to harmonize with the existing surrounding development. 5. That the proposed use is deemed essential and desirable to the public convenience and welfare, since 498 new independent congregate and assisted living housing opportunities will be created in a region facing a growing demand for additional housing, especially senior housing. BE IT FURTHER RESOLVED that the City Council has considered the proposed Negative Declaration (IS-2006-1) 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 proposed Negative Declaration reflects the City's independent judgment and analysis, and hereby approves the proposed Negative Declaration and authorizes the filing of a Notice of Determination. Resolution No. 2006 — 261 December 19, 2006 Page 4 BE IT FURTHER RESOLVED that based on the findings hereinbefore stated, said Tentative Subdivision Map and Planned Development Permit for a retirement community including 498 senior residential units on an 11.9-acre vacant site between 4th and 8th Streets and between Arcadia Avenue and Burden Drive is hereby approved subject to the following conditions: 1. This Tentative Map and Planned Development Permit authorize the development of a 498 unit senior residential community, including a village square building with social/retail amenities for residents, and open space amenities. Except as required by conditions of approval, all plans submitted for permits associated with the project shall conform with Exhibits A -revised and B, dated 8/08/06 and Exhibit C dated 8/21/2006, case file no. S- 2006-2/PD-2006-1. 2. 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 is approved by the City Council and amended to Senior Citizens' Residential (RM-3-PD). 3. 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 National City General Plan and applicable specific plans are amended so that the project is consistent with these plans. 4. A detailed landscape and underground irrigation plan, including plant types, methods of planting, etc. consistent with the approved concept plan shall be submitted concurrently with the grading plans for review and approval by the Planning Director. The landscape plan shall reflect the use of drought tolerant planting and water conserving irrigation devices. 5. Landscape plans shall include a minimum of 15% of 24" box or greater specimen trees adjacent to public roads and building facades that are visible from public roads and adjacent properties 6. All rooftop equipment shall be shielded from view of the neighboring uses and the method of screening shall be noted on building plans. Plans should correspond with the typical rooftop plan for Building A submitted by the applicant, which shows equipment in recessed rooftop wells, or shall show equipment placed within other approved enclosures or behind barriers, such as parapet walls. 7. A separate permit shall be submitted for review and approval of all signs prior to installation. 8. Waste/recycling plan detailing temporary site storage and disposition of trash and recyclables shall be submitted for review by the Planning Director prior to building permit issuance. All trash enclosures shall be provided with a solid, covered roof. 9. The project shall be designed, developed, and constructed in compliance with the California Fire Code (CFC) 2001 edition and the most current National Fire Protection Association Standards (NFPA). Resolution No. 2006 — 261 December 19, 2006 Page 5 10. Fire access must be provided throughout the development. Minimum roadway width of 20 feet shall be provided, a turning radius of 28 feet, and a vertical clearance of 13 feet 6 inches on all sky bridges, per review and approval of the National City Fire Department. 11. Exterior doors and openings shall be readily accessible for emergency access. Access walkways leading from Fire apparatus access roads to exterior openings shall be provided. 12. Fire protection systems shall be required, per review and approval of the National City Fire Department. 13. Project shall cooperate with the National City Police Department to include provisions for project to comply with the Crime Free Multi -Housing Criteria and Crime Prevention Through Environmental Design standards. 14. All existing and proposed easements within the site boundaries shall be noted on the final map, specifying any proposed to be abandoned or relocated. 15. All new sewer systems installed in conjunction with the development and within the project boundaries shall be maintained by the property owner. 16. A bus shelter, including a bench and trash container, shall be installed along the bus route on 8th Street prior to occupancy and shall be detailed on the improvement and grading plans. The type, design, and location shall be coordinated with the National City Transit Director. 17. A Hydrology study (100 year flood) shall be submitted to the Engineering Department. 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. 18. 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. 19. 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 — 261 December 19, 2006 Page 6 20. All 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. 21. 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. Grading plan shall be draw on D-size sheets. 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. 22. The existing and proposed curb inlet on property shall be provided with a "No Dumping" tile in accordance with the NPDES program. 23. 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. 24. A sewer permit will be required. A sewer study shall consider the adequacy of the existing sewer systems. The sewer study recommendations shall be part of the Engineering Department requirements. 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. 25. 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. 26. 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-34. All soils report findings and recommendations shall be part of the Engineering Department requirements. Resolution No. 2006 — 261 December 19, 2006 Page 7 27. An existing 10:foot wide sewer easement reserved to the City of National City exists north of 7th Street. The sewer easement and main shall be relocated outside the proposed buildings. The easement shall be shown on the grading plans and the final map. 28. The deteriorated portions of the existing street improvements along the property frontages (4th, 6th 8th and Burden 200' of sidewalk, and 50' of curb and gutters) shall be removed and replaced to the satisfaction of the City Engineer. 29. Street pavement repair will be required on 4th Street and on Burden Drive (1500 sq. ft.) to the satisfaction of the City Engineer. 30. The driveway on 4th Street shall be an alley entrance type driveway with pedestrian ramps and shall be indicated on the grading plans. 31. 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. 32. Street improvements shall be in accordance with City Standards. Abandoned driveway aprons (75' of driveway) shall be replaced with curb, gutter and sidewalks to the satisfaction of the City Engineer. 33. A title report shall be submitted to the Engineering Department, after the Planning Commission approval, for review of all existing and proposed easements and the ownership at the property. 34. 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 cost. 35. 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. 36. 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. 37. 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. 38. The proposed street vacation on 7th Street shall be approved by the City Council prior to the final map approval. Resolution No. 2006 — 261 December 19, 2006 Page 8 39. All utility distribution facilities within the boundaries of the subdivision, and within the half street abutting the new subdivision, shall be placed underground. 40. The final map shall be recorded prior to issuance of any building permit. 41. All new property line survey monuments shall be set on private property, unless otherwise approved. 42. 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. 43. Television cable companies shall be notified a minimum of 48 hours prior to filling of cable trenches. 44. Exterior walls of buildings/walls/fences/trash enclosures 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. 45. A "No Parking," red cub zone shall be provided along the at the following locations: along the north side of East 8th Street, east 275 feet and west 150 feet from the Arcadia Avenue intersection. 46. 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. 47. 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 Section17.04.070. The Planned Development Permit shall expire concurrently with the Tentative Map. 48. Applicant shall indemnify, protect, defend and hold the City harmless from and against any and all claims, liabilities and costs, including attorney's fees, arising from challenges to the Tentative Map, Planned Development Permit and Negative Declaration (IS-2006- 1) and any subsequent environmental review for the Project and any or all entitlements and approvals issued by the City in connection with the Project. Resolution No. 2006 — 261 December 19, 2006 Page 9 Applicant shall defend, indemnify, protect and hold harmless the City Of National City, its agents, officers, and employees, from any claim, action, liabilities and costs, including attorney's fees, or proceeding against the City Of National City or its agents, officers, or employees to attack, set aside, void, or annul, an approval by the City Of National City, its Planning Commission, or its City Council concerning this Tentative Map, which action is brought within the time period provided for in Government Code section 66499.37. The City Of National City will promptly notify the subdivider of any claim, action, or proceeding and the City Of National City will cooperate fully in the defense. 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 19th day of Dec: ber 2006. ATTEST: iha M eI R. Dalla, ity Clerk APPROVED AS TO FORM: George H. ETser, III City Attorney on Morri on, Mayor Passed and adopted by the Council of the City of National City, California, on December 19, 2006, by the following vote, to -wit: Ayes: Councilmembers Morrison, Natividad, Parra, Ungab, Zarate. Nays: None. Absent: None. Abstain: None. AUTHENTICATED BY: RON MORRISON Mayor of the City of National City, California City Clerk of the City o National City, California By: Deputy I HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of RESOLUTION NO. 2006-261 of the City of National City, California, passed and adopted by the Council of said City on December 19, 2006. City Clerk of the City of National City, California By: Deputy