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HomeMy WebLinkAboutCC RESO 2007-199RESOLUTION NO. 2007 — 199 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY APPROVING A TENTATIVE SUBDIVISION MAP TO DIVIDE ONE 28,272 SQUARE -FOOT PROPERTY INTO FIVE INDIVIDUAL LOTS (FOUR CONTAINING SINGLE-FAMILY RESIDENCES AND ONE DUPLEX) WITH EXCEPTIONS FOR REDUCED LOT WIDTH/STREET FRONTAGE AND LOT SIZE AT 940 EAST 16TH STREET. APPLICANT: JANICE MARTINELLI CASE FILE NO. 2007-15 S WHEREAS, application was made for approval of a Tentative Subdivision Map to divide one 28,272 square foot property into five individual lots (four containing single-family residences and one duplex with exceptions for reduced lot width/street frontage and lot size at 940 East 16th Street on property generally described as: The westerly half of the northerly half of 20 acre Lot 1 in Quarter Section 133 , 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 County Recorder of San Diego County. WHEREAS, the Planning Commission considered said application at a public hearings held on June 18, and July 16, 2007, and by Resolution recommended conditional approval of the application; and WHEREAS, the City Council considered said application at a public hearing held on August 7, 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. 2007-15 S, 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 the Tentative Subdivision Map to divide one 28,272 square -foot property into five individual lots (four containing single-family residences and one duplex) with exceptions for reduced lot width/street frontage and lot size at 940 East 16th Street, based on the following findings: 1. The proposed map is consistent with the National City General Plan and applicable specific plans, since both single-family homes and duplexes are allowed in the Residential Multi -Family (RM-1-PD) zone, there are no applicable specific plans, and since three additional homeownership opportunities will be created. 2. The site is physically suitable for the proposed type of development, as no proposed property boundaries conflict with the existing development and improvements. Resolution No. 2007 — 199 August 21, 2007 Page 2 3. The site is physically suitable for the proposed density of development, since there is no expansion of use and the existing development and density will remain. 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 fully developed and all existing improvements will remain, and no expansion 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 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. RECOMMENDED FINDINGS FOR APPROVAL OF THE EXCEPTIONS FOR LESS THAN REQUIRED STREET FRONTAGE AND MINIMUM LOT SIZE 1 The property to be divided is affected by existing development patterns, that makes it impracticable in this particular case to conform fully to the subdivision requirements, since the location of the existing buildings limits the placement of lot lines such that, in order to create five individual lots, three of the lots are not able to conform to the 50-foot minimum lot width/ frontage requirement, and four of the lots are not able to meet the 5,000 square - foot minimum lot size. 2. The exceptions will not be detrimental to the public health, safety, or welfare, or be detrimental to the use of other properties in the vicinity, since each lot fronts on a public street; the existing residences provide adequate building separation, open space, and the existing character of the neighborhood will be retained. Resolution No. 2007 — 199 August 21, 2007 Page 3 3. Granting of the exceptions are 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 proposed subdivision will create additional homeownership opportunities, preserve an existing historic property, and since there are no applicable specific plans. BE IT FURTHER RESOLVED that based on the findings hereinbefore stated, said Tentative Subdivision Map to divide one 28,272 square -foot property into five individual lots (four containing single-family residences and one duplex) with exceptions for reduced lot width/street frontage and lot size at 940 East 16th Street is hereby approved subject to the following conditions: 1. This Tentative Subdivision Map authorizes the division of one 28,272 square -foot property at 940 East 16th Street into five individual lots (four containing single-family residences and one a duplex) with exceptions for reduced lot width/street frontage for lots 1, 2 and 3, and for reduced lot size for lots 1, 2, 3 and 5. Except as required by conditions of approval, all plans submitted for permits associated with the project shall conform with Exhibits A Revised, case file no. 2007-15 S, dated 5/15/2007. 2. The Final Map shall indicate an access easement for the benefit of Lots 1 and 2 from J Avenue. The easement shall be recorded on the final map. 3. The applicant shall record a maintenance agreement for the maintenance of the access easement for Lots 1 and 2, approved as to form and content by the City Attorney, and recorded with the County Recorder with the Final Map. Cedar fences a maximum height of 6 feet shall be constructed along proposed property lines where no fence currently exists, with the exception of the driveway area leading to parking for proposed Lots 1 and 2. Any fences in need of repair or reconstruction shall be replaced with similar fencing. 5. The existing overhead conduit stretching across the driveway between 1628 and 1630 J Avenue shall be removed prior to approval of the Final Map in accordance with applicable building permits. 6. The shed on Lot 4 shall be brought up to all applicable building and safety codes and municipal codes before any application is made for use of the building as a guest house or residence. 7. Plans must comply with the 2001 editions of the California Building Code, the Califomia Mechanical Code, the Califomia Plumbing Code, the 2004 California Electrical Code, and California Title 24 energy and handicapped regulations. 8. The exterior wall of the two -car garage located at 940 East 16th Street shall be provided with adequate fire rating for exterior walls located on a property line in accordance with the building code. The improvements shall be completed prior to the Final Map and shall be subject to applicable building permits and fees. Resolution No. 2007 —199 August 21, 2007 Page 4 9. The project is to be designed, developed and constructed in compliance with the Califomia Fire Code (CFC) 2001 edition and the most current National Fire Protection Association (NFPA) Standards as adopted by the City of National City. 10. A drainage plan shall be submitted showing all of the proposed and existing on -site and off -site improvements. The plan shall be prepared by a Registered Civil Engineer, or other qualified professional, and shall be in accordance with the City requirements. 11. 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. 12. 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. 13. The deteriorated portions of the existing street improvements (Cross Gutter 8 x 18, and sidewalk 50') along the 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, and any grading construction on private property. 15. Street improvements shall be in accordance with City Standards. All missing street improvements (gutter 120') shall be constructed. If a driveway is required for lot 5, a permit will be required for the construction. 16. 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. 17. A cost estimate for all of the proposed drainage, and street improvements 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. 18. 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. 2007 — 199 August 21, 2007 Page 5 19. Separate water and sewer laterals shall be provided to each lot/parcel. 20. 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. 21. All utility distribution facilities within the boundaries of the subdivision, and within the half street abutting the new subdivision, shall be placed underground. 22. All new property line survey monuments shall be set on private property, unless otherwise approved. 23. 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. 24. 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. 25. 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. 26. 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 —199 August 21, 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 21st day of Augus07. on Mo rison, Mayor ATTEST: EOA Michael R. Dalla, City Clerk APPROVED AS TO FORM: T.rac. �Ic George H. Eiser, III City Attorney Passed and adopted by the Council of the City of National City, Califomia, on August 21, 2007 by the following vote, to -wit: Ayes: Councilmembers Morrison, Natividad, Parra, Ungab. Nays: None. Absent: Councilmember Zarate. Abstain: None. AUTHENTICATED BY: RON MORRISON Mayor of the City of National City, California f/ ' 0,j) City Cle 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. 2007-199 of the City of National City, California, passed and adopted by the Council of said City on August 21, 2007. City Clerk of the City of National City, California By: Deputy