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HomeMy WebLinkAboutCC RESO 2007-18RESOLUTION NO. 2007 — 18 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY APPROVING A TENTATIVE PARCEL MAP FOR THE DIVISION OF AN APPROXIMATELY 24,121 SQUARE FOOT LOT INTO FOUR PARCELS WITH EXCEPTIONS FOR LESS THAN REQUIRED LOT SIZE AND STREET FRONTAGE AND A ZONE VARIANCE FOR LESS THAN REQUIRED MINIMUM GARAGE WIDTH AT 839 EAST 2ND STREET APPLICANT: REUDIGER THIERHOFF CASE FILE NO. LS-2006-/Z-2006-6 WHEREAS, application was made for approval of a tentative parcel map for the division of an approximately 24,121 square -foot lot into four parcels with exceptions for less than required lot size and street frontage and a zone variance for less than required minimum garage width at 839 East 2nd Street, on property generally described as: The easterly 85 feet of the westerly 349 feet of the southerly half of 20-acre Lot 1 in Quarter Section 131 of Rancho de la Nacion, in the City of National City, County of San Diego, State of California, according to Map thereof No. 166, filed in the Office of the Recorder of said San Diego County. WHEREAS, the Planning Commission of the City of National City, California, considered said application at public hearing held on November 6, 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 January 9, 2007, 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. LS-2006-6 and Z-2006-6 which is maintained by the City, and incorporated herein by reference; 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 the tentative parcel map for the division of an approximately 24,121 square -foot lot into four parcels with exceptions for less than required lot size and street frontage and a zone variance for less than required minimum garage width at 839 East 2nd Street, subject to the following findings: FINDINGS FOR APPROVAL OF THE TENTATIVE PARCEL MAP 1. The proposed map is consistent with the National City General Plan and applicable specific plans, since the proposal will create three additional homeownership opportunities, and since there are no applicable specific plans. Resolution No. 2006 — 18 February 6, 2007 Page 2 2. The site is physically suitable for the proposed type of development, since four single- family homes can be located on level building pads on the site with a moderate amount of grading. 3. The site is physically suitable for the proposed density of development, since the overall density of the four proposed lots (7.2 units/acre) is consistent with the General Plan. 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 there is no native habitat or bodies of water on the previously developed 24,121 square foot property, which is located in a fully urbanized area. 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 EXCEPTIONS FOR LESS THAN REQUIRED STREET FRONTAGE AND LOT SIZE 1. The property to be divided is of such size, shape and configuration that it is impossible or impracticable in the particular case to conform fully to the subdivision requirements, since the placement of the existing home and the applicant's desire to preserve existing mature trees limits adequate building separation opportunities between the proposed homes, and since the high quality architecture allows each new home to fit optimally into its own individual lot so as to reduce impact to neighboring properties. Resolution No. 2006 — 18 February 6, 2007 Page 3 2. The exception will not be detrimental to the public health, safety, or welfare, or be detrimental to the use of other properties in the vicinity, since adequate access to the street will be provided for all three rear lots, and since the General Plan encourages the creation of home ownership opportunities, which the requested exceptions facilitate, and since there is an existing 12-unit apartment complex adjacent to the property which enjoys a significantly higher density than what is being proposed. 3. Granting of the exception is in accordance with the intent and purposes of this title, and is consistent with the General Plan and with all applicable specific plans or other plans of the City, since the proposal will create additional homeownership opportunities and provide housing suitable for larger families, and since there are no applicable specific plans. FINDINGS FOR APPROVAL OF THE ZONE VARIANCE 1. That because of special circumstances applicable to the property, including size, location or surroundings, the strict application of Title 18 of the Municipal Code (Zoning) deprives such property of privileges enjoyed by other properties in the vicinity and under the identical zone classification, since the size and quantity of mature trees on the property — the retention of which is encouraged by the Land Use Code — is such that providing the required garage width is not possible, and since the applicant is wishes to maximize the amount of landscape and passive recreation area — also encouraged by the Land Use Code. 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 other residential properties in the immediate area and under the Residential Single -Family zone do not meet garage width requirements as specified by Title 18 (Zoning) of the Municipal Code. 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 two -car garages accessory to a single-family home are a permitted use in the Single -Family Residential Extendible zone. BE IT FURTHER RESOLVED that based on the findings hereinbefore stated, said tentative parcel map for the division of an approximately 24,121 square -foot lot into four parcels with exceptions for less than required lot size and street frontage and a zone variance for less than required minimum garage width at 839 East 2nd Street is hereby approved subject to the following conditions: 1. This Tentative Subdivision Map and Zone Variance authorizes the division of one 24,121 square foot property into four lots, one with an existing single-family home to remain and three to be developed with a single-family home. Except as required by conditions of Resolution No. 2006 — 18 February 6, 2007 Page 4 approval, all plans submitted for permits associated with the project shall conform with Exhibits A -Revised and B, Case File No. LS-2006-6/Z-2006-6, dated September 14, 2006 and August 2, 2006. 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 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. 4. 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. 5. 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. 6. All surface run-off, shall be collected by approved drainage facilities and directed to the street. Adjacent properties shall be protected from surface run-off resulting from this development. 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 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 checklists for preparation of the grading plan drainage plan and Standard Urban Storm Water Mitigation Plan (SUSMP) are available at the Engineering Department. Resolution No. 2006 — 18 February 6, 2007 Page 5 8. 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. 9. 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. 10. 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. 11. 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. 12. 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. 13. The 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. 14. 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. 15. Separate water and sewer laterals shall be provided to each parcel. 16. 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. 17. The creation of an easement for ingress and egress and for public utility maintenance to and from parcel 2, 3 and 4 across parcel 1 from 2nd Street will be required. The easement shall be created on the final map. Resolution No. 2006 — 18 February 6, 2007 Page 6 18. The final map shall be recorded prior to issuance of any building permit. 19. All new property line survey monuments shall be set on private property, unless otherwise approved. 20. The parcel 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. 21. Project is to be designed, developed and constructed in compliance with the California Fire Code (CFC) 2001 edition and the most current National Fire Protection Association (NFPA) Standards as adopted by the City of National City. 22. Fire Department access will be required. Minimum roadway width to be 20 feet with a minimum vertical clearance of 13 feet 6 inches. Approved turnaround will be required 23. Approved automatic fire sprinkler system may be used in lieu of providing the required turnaround. 24. No parking will be permitted within the common driveway area. 25. Television cable companies shall be notified a minimum of 48 hours prior to filling of cable trenches. 26. Before this Tentative Subdivision Map and Zone Variance 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 Zone Variance. 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 Zone Variance 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. 27. Approval of the tentative map expires two (2) years after adoption of the resolution of approval at 6:00 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. Resolution No. 2006 — 18 February 6, 2007 Page 7 28. The deteriorated portions of the existing street improvements (sidewalk 5' and driveway 25') along the property frontages shall be removed and replaced. 29. The developer shall record a restrictive covenant approved by the City Attorney and enforceable by the City ensuring maintenance of the ingress and egress easement while such easement is in effect. 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 6th day of Februa ATTEST: Micl{ael R. Dalla, ity Clerk APPROVED AS TO FORM: IOC George H. Liser, III City Attorney on Morrison, Mayor Passed and adopted by the Council of the City of National City, California, on February 6, 2007, 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 C rk of the City National City, California By: Deputy I HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of RESOLUTION NO. 2007-18 of the City of National City, California, passed and adopted by the Council of said City on February 6, 2007. City Clerk of the City of National City, California By: Deputy