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HomeMy WebLinkAboutCC RESO 2007-98RESOLUTION NO. 2007 — 98 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY APPROVING A TENTATIVE SUBDIVISION MAP TO DIVIDE A 1.41-ACRE LOT INTO TEN AT THE SITE OF TEN EXISTING DUPLEXES AT 1205-1243 FIG COURT, AND PARTIALLY GRANTING THE REQUEST TO WAIVE THE UTILITY UNDERGROUNDING REQUIREMENT APPLICANT: ROBERT GULOTTA CASE FILE NO. S-2006-12 WHEREAS, application was made for approval of a Tentative Subdivision Map to Divide a 1.41-Acre Lot into Ten at the Site of Ten Existing Duplexes at 1205-1243 Fig Court, and to Waive the Utility Undergrounding Requirement on property generally described as: Lot 34 of Scott Terrace, in the City of National City, County of San Diego, State of California, according to Map thereof No. 3153, filed in the Office of the County Recorder of San Diego County, November 4, 1954. WHEREAS, the Planning Commission considered said application at a duly advertised public hearing held on April 2, 2007, at which time the Planning Commission considered oral and documentary evidence, and recommended approval of the project, and denial of the request to waive the utility undergrounding requirement; and WHEREAS, the City Council considered said applications at a public hearing held on May 1, 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 No. S-2006-12, 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 that the City Council of the City of National City hereby approves the Tentative Subdivision Map to Divide A 1.41-Acre Lot Into Ten at the Site of Ten Existing Duplexes at 1205-1243 Fig Court, and grants in part the Request to Waive the Utility Undergrounding Requirement, based on the following findings: TENTATIVE SUBDIVISION MAP 1. The proposed map is consistent with the National City General Plan and applicable specific plans, since the proposal will result in increased property valuation while increasing the likelihood of adequate property conservation, and since there are no applicable specific plans. 2. The site is physically suitable for the proposed type of development, since no development is proposed; only a change of ownership of existing development will take place. Resolution No. 2007 — 98 May 15, 2007 Page 2 3. The site is physically suitable for the proposed density of development, since no development is proposed; only a change of ownership of existing development will take place. 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 no development is proposed; only a change of ownership of existing development will take place. 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 continue to 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 Govemment Code Section 66474.6. PARTIAL WAIVER OF UTILITY UNDERGROUNDING REQUIREMENT 1. To require undergrounding of the poles servicing properties outside of the subdivision would be economically detrimental to the owners, and would pose an economic hardship on potential new owners. BE IT FURTHER RESOLVED that based on the findings hereinbefore stated, said Tentative Subdivision Map to create condominium ownership of an existing industrial park at 1445-1645 Tidelands Avenue is hereby approved subject to the following conditions: 1. This Tentative Subdivision Map authorizes the division of one parcel into ten individual lots, each containing an existing duplex. Except as required by conditions of approval, all plans submitted for permits associated with the project shall conform with Exhibits A, 2nd Revision, Case File No. S-2006-12, dated December 6, 2006. 2. A Landscape and automatic Irrigation Plan shall be submitted for the entire property. The plan shall indicate plant species and sizes to replace or fill in areas where there is dead and decaying plant material or missing landscaping (i.e., the rear slope, areas adjacent to the sides of each building, existing paved areas not part of the required two parking spaces per unit and front yard landscaped areas including the embankment in front of 1205-1207 Fig Court). The plan shall also show the relocation of the fencing to include the entire rear property area not currently fenced. The Irrigation Plan shall indicate an automatic irrigation system for each unit, location of irrigation heads and lines, and identify additional irrigation provided in areas that are not watered or where sprinkler heads are damaged. 3. All trash receptacles shall be stored behind the fence and away from public view. Resolution No. 2007 — 98 May 15, 2007 Page 3 4. Prior to recordation of the final map, the applicant shall submit a Lien Contract and Agreement not to Convey subject to review and approval by the City Attomey. The Lien Contract and Agreement shall limit the ability to convey each lot until the interior and exterior improvements have been completed for that lot. 5. All recommended immediate, short-term and intermediate repairs as stated in Physical Elements Report pages 5 and 6 shall be completed in addition to all interior and exterior repairs and/or improvements, as mentioned in the letter from Lloyd Holt, RCE dated December 4, 2006, prior to release of each unit, except that all units shall receive improvements as stated rather than as needed. Construction plans submitted for approval shall reflect the addition of a washer/dryer unit as shown in the application. All improvements shall be subject to building department permits, as applicable. 6. Prior to Final Map approval or the conveyance of each unit, the applicant shall submit a completed Termite Inspection Report that indicates the remediation for each unit is complete. 7. Prior to Final Map approval, the applicant shall submit a phasing plan showing the phasing of improvements that affect all of the units and how the improvements will be completed for each unit. The approved phasing plan shall be submitted with the building permits. 8. The developer shall provide a declaration of Covenants, Conditions and Restrictions, running with the land, ensuring the maintenance and upkeep of landscape and irrigation, and continued property management, prior to approval of the final map. The CC&Rs shall include a clause prohibiting the storage of abandoned or inoperable vehicles upon the properties. Said CC&Rs shall be subject to approval as to content and form by the City Attorney. 9. The 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. 10. 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. 11. The Homeowners Association and/or property owner shall be required to maintain, repair, or reconstruct of all irrigation and landscaping improvements installed within the public right-of-way. Sprinkler heads shall be adjusted so as to prevent overspray upon the public sidewalk or the street. The proposed sprinkler heads shall be installed behind the sidewalk, and the irrigation mainline upon private property only, as required by the City. The Homeowners Association and/or the property owner or, its successors or assigns, shall remove and relocate all irrigation items from the public right-of-way at no cost to the City, and within a reasonable time frame upon a written notification by the City Engineer. Resolution No. 2007 — 98 May 15, 2007 Page 4 12. The priority Project Applicability checklist for the Standard Urban Stormwater 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. 13. The deteriorated portions of the existing street improvements (75' of sidewalk and 100' driveway) property frontages shall be removed and replaced. 14. A permit shall be obtained from the Engineering Department for all improvement work within the public right-of-way. 15. 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. 16. 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. 17. 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. 18. The developer shall submit to the Fire Department a letter from Sweetwater Authority stating existing fire flow. If determined by the Fire Department that additional improvements are needed, the developer shall enter into an agreement for the water improvements with the Sweetwater Authority prior to obtaining the final map approval. 19. Separate water and sewer laterals shall be provided to each lot/parcel. 20. The developer shall bond for the monumentation, the pubic 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. 21. All utility distribution facilities within the boundaries of the subdivision, and within the half street abutting the new subdivision, shall be placed underground, with the exception of the poles to remain that service properties outside of the subdivision; the utility service from said poles to properties within the subdivision is to be placed underground. 22. The final map shall be recorded prior to issuance of any building permit. Resolution No. 2007 — 98 May 15, 2007 Page 5 23. All new property line survey monuments shall be set on private property, unless otherwise approved. 24. 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. 25. The Police Department recommends that final approval of the development project should include provisions for the project to comply with crime free multi -housing criteria and crime prevention through environmental design standards. 26. Television cable companies shall be notified a minimum of 48 hours prior to filling of cable trenches. 27. 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. 28. Within four (4) days of approval, pursuant to Fish and Game Code 711.4 and the California Code of Regulations, Title 14, Section 753.5, the applicant shall pay all necessary environmental filing fees for the San Diego County Clerk. Checks shall be made payable to the County Clerk and submitted to the National City Planning Department. At this time, the filing fee is $50 for a Notice of Exemption or Notice of Determination, $1,800 for a Negative Declaration or Mitigated Negative Declaration, and $2,500 for an Environmental Impact Report. 29. Before this Tentative Subdivision Map 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. 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 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. 30. 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. BE IT FURTHER RESOLVED that copies of this Resolution shall be transmitted forthwith to the applicant. Resolution No. 2007 — 98 May 15, 2007 Page 6 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 15th day of May, 200 . on Morrison, Mayor ATTEST: o 9 Michael Rft Dalla, City Clerk APPROVED AS TO FORM: George H. Eiser, III City Attorney Passed and adopted by the Council of the City of National City, Califomia, on May 15, 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 CityClerk of the ity of ational City, California By: Deputy I HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of RESOLUTION NO. 2007-98 of the City of National City, California, passed and adopted by the Council of said City on May 15, 2007. City Clerk of the City of National City, California By: Deputy