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HomeMy WebLinkAboutCC RESO 2007-212RESOLUTION NO. 2007 — 212 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY APPROVING A TENTATIVE SUBDIVISION MAP AND CONDITIONAL USE PERMIT FOR 22 RESIDENTIAL CONDOMINIUM UNITS WITH EXCEPTIONS FOR LESS THAN REQUIRED SETBACKS AND BUILDING SEPARATION ON AN APPROXIMATELY ONE ACRE VACANT SITE BORDERED BY EAST 8r" STREET AND HARBISON AVENUE. APPLICANT: JOSEPH BENDAH, FOR NATIONWIDE ENTERPRISE, INC. CASE FILE NO. 2007-24 S, CUP WHEREAS, application was made for approval of a Tentative Subdivision Map and Conditional Use Permit for 22 residential condominium units with exceptions for less than required setbacks and building separation on an approximately one acre vacant site bordered by East 8th Street and Harbison Avenue on property generally described as: Parcel A, the westerly 50 feet; Parcel B the easterly 96 feet of the westerly 146.00 feet; and Parcel C that portion of Quarter Section 106 of Rancho De La Nacion, in the City of National City, County of San Diego, State of Califomia, according to Map thereof No. 166, by Morrill, filed in the Office of the County Recorder of San Diego County, May 11, 1869 WHEREAS, the Planning Commission of the City of National City considered said application at a public hearing held on August 6, 2007, 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 August 21, 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. 2007-24 S, CUP, 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 a Tentative Subdivision Map and Conditional Use Permit for 22 residential condominium units with exceptions for less than required setbacks and building separation on an approximately one acre vacant site bordered by East 8th Street and Harbison Avenue, based on the following findings: The proposed map is consistent with the National City General Plan and applicable specific plans, since the proposed multi -family residential development, at a density of 22.7 units per acre, is consistent with the uses and density, 22.9 units per acre, permitted in the Limited Commercial (CL) Zone, the proposal adds infill development suitable for families as described in the report, and since there is no specific plan applicable to the property. Resolution No. 2007 — 212 September 4, 2007 Page 2 2. The site is physically suitable for the proposed type of development, since the proposed multi -family residential development will add to the urban character of the area, and since there are no unusual geologic hazards on -site. 3. The site is physically suitable for the proposed density of development, since the two- and three-story units will buffer an established single-family neighborhood adjacent to the east from existing and approved institutional development along East 8th Street, and since site improvements will ensure adequate driveway access to each unit. 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 nor bodies of water on the site, and the site is surrounded by urban development. 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 and improvements 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 easements are known to exist on the site and any easements located on the site will be relocated prior to map recordation. 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 THE CONDITIONAL USE PERMIT 1. That the site for the proposed use is adequate in size and shape, since the L- shaped 0.96 acre property can accommodate development of 22 two- and three-story townhouses with on -site parking, ten on -site guest parking spaces, private access driveways, and common landscape areas. Resolution No. 2007 — 212 September 4, 2007 Page 3 2. 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 nearby local residential streets, Harbison Avenue, and the major collector, East 8th Street, all have sufficient capacity to handle the additional average daily trips without suffering a significant decrease in their operating levels of service. 3. That the proposed use will not have an adverse effect upon adjacent or abutting properties, since the unit design is compatible with the adjacent residential and commercial development, and enhanced landscaping will screen the proposed development from adjacent properties. 4. That the proposed use is deemed essential and desirable to the public convenience and welfare, since the project will provide new home ownership opportunities for the adjacent hospital workforce population as well as moderate and middle income families, allowing for mobility in the housing market. FINDINGS FOR APPROVAL OF THE REQUESTED EXCEPTIONS FOR SETBACKS AND BUILDING SEPARATION 1. Due to the slope of the parcel that restricts development of multi -family development on the property, the strict application of Title 18, Land Use Code in regard to building setbacks deprives the property owner with the ability to develop the property to accommodate required parking and adequate housing units that incorporate principles of the City's Design Guidelines. 2. The requested exceptions are subject to such conditions which will assure that the reduced setbacks 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 nearby development have similar setbacks. 3. The requested exception for reduced building separation does not authorize a use or activity that is not otherwise expressly authorized by the zoning regulations governing the parcel of property, since multi -family development is a permitted use in the Commercial Limited, CL, zone and since the proposed development would appear as typical condominium units whereas each unit would be detached structures. BE IT FURTHER RESOLVED that based on the findings hereinbefore stated, said Tentative Subdivision Map and Conditional Use Permit for 22 residential condominium units with exceptions for less than required setbacks and building separation on an approximately one acre vacant site bordered by East 8"' Street and Harbison Avenue is hereby approved subject to the following conditions: 1. This Tentative Map and Conditional Use Permit authorize the development of 22 condominiums for individual sale. Except as required by conditions of approval, all plans submitted for permits associated with the project shall conform with Exhibits "A", "B", and "C", Case File no. 2007-24 S, CUP dated July 18, /2007. Resolution No. 2007 — 212 September 4, 2007 Page 4 2. A detailed landscape and underground irrigation plan, including plant species, 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, 24" box specimen trees along the south property line and along the west property line beside the driveway from 8th Street to reduce noise and glare on adjacent properties, enhanced decorative paving for the patios and courtyards, and a wrought iron fencing for the area south of the parking garage with locked, gated access. 3. The developer shall provide a declaration of covenants, conditions and restrictions, running with the land, clearly setting forth the privileges and responsibilities, including maintenance, payment of taxes, etc. involved in the common ownership of streets, parking areas, walks, buildings, and open spaces, prior to approval of the final map. Said CC&Rs shall be subject to approval as to content and form by the City Attorney. The CC&Rs shall allow the City the authority but not the obligation to assume maintenance of the property and assess the full cost including overhead costs therefore as a lien against the property if said property is not adequately maintained per the agreement. The CC&Rs shall include a determination that the funds provided by the maintenance provisions will be sufficient to cover all contemplated costs. 4. A corporation, association, property owners' group, or similar entity shall be formed with the right to assess all the properties which 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 of said mutually available features of the development. Such entity shall operate under recorded conditions, covenants, and restrictions approved by the City Attorney as to form and content, which shall include compulsory membership of all owners and flexibility of assessments to meet changing costs of maintenance, repairs and services. 5. Plans must comply with the 2001 editions of the Califomia Building Code, the California Mechanical Code, the California Plumbing Code, the 2004 Califomia Electrical Code, and Califomia Title 24 energy and handicapped regulations. 6. Television cable companies shall be notified a minimum of 48 hours prior to filling of cable trenches. 7. A color board shall be attached to project elevations for review and approval by the Planning Department prior to submittal of building permits. 8. The applicant shall provide documentation from the local trash service provider, EDCO, that service can be safely accommodated as proposed, prior to the issuance of any building permits. Any exterior trash enclosures shall be provided in accordance with city standards and shall include stucco finish and a solid roof to match the buildings. 9. 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. Resolution No. 2007 — 212 September 4, 2007 Page 5 10. 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 Department 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) approved SUSMP documentation 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. 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. 14. Metallic identification tape shall be placed between the bottom layer of the finished surface and the top of all irrigation lines in the public right-of-way. 15. 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. A checklist for preparation of the grading plan/drainage plan is available at the Engineering Department. 16. A sewer permit and fees 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. Resolution No. 2007 — 212 September 4, 2007 Page 6 17. 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. At 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. 18. The deteriorated portions of the existing street improvements (sidewalk 10') along the property frontages shall be removed and replaced. 19. 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. 20. Street improvements shall be in accordance with City Standards. All missing street improvements (sidewalk 146') shall be constructed. Abandoned driveway aprons (20') shall be replaced with curb, gutter and sidewalks. 21. 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. 22. 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. 23. The final parcel map shall meet all of the requirements of the Subdivision Map Act, and the City of National City Municipal Code including certification, acknowledgement, complete boundary information and monumentation. 24. 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. 25. 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. 26. All utility distribution facilities within the boundaries of the subdivision, and within the half street abutting the new subdivision, shall be placed underground two poles. Resolution No. 2007 — 212 September 4, 2007 Page 7 27. The final map shall be recorded prior to issuance of any building permit. 28. All new property line survey monuments shall be set on private property, unless otherwise approved. 29. 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. 30. The applicant must provide a Standard Urban Storm Water Mitigation Plan (SUSMP) that provides Site Design, Source Control and Treatment Control Best Management Practices, which are in compliance with the City SUSMP Ordinance to the Engineering Department. 31. Any new water services installed to serve the proposed project will require the installation of backflow prevention assemblies, and water meters cannot be located within three feet (3') of the edge of the driveway apron. 32. The project shall be designed, developed, and constructed in compliance with the California Fire Code (CFC) 2001 edition or CFC in effect at the time of permit issuance and the most current National Fire Protection Association (NFPA) standards as adopted by the City of National City. 33. The property must be addressed in a manner clearly visible from the street, subject to the satisfaction of the National City Fire Department. 34. Fully automatic fire sprinkler and standpipe systems will be required, subject to the satisfaction of the National City Fire Department. 35. A minimum clear width of access (driveway) roadways must be 20 feet with a minimum clear vertical height of 13 feet 6 inches. Corner radius must be a minimum of 28 feet throughout the project, subject to the satisfaction of the National City Fire Department. 36. An estimated minimum fire flow requirement with a fully automatic fire sprinkler system installed will be 1,125 gpm measured at 20 psi residual pressure with a flow duration of two hours is required. 37. 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. Resolution No. 2007 — 212 September 4, 2007 Page 8 38. Before this Subdivision and Conditional Use 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. 39. 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. The Conditional Use Permit shall expire concurrently with the Tentative Map. 40. The applicant will work with the City Traffic Engineer to arrive at the appropriate traffic signage and turning approaches, including tum lanes and/or signage precluding left tums, so as to not negatively impact the traffic circulation in the neighborhood, to the satisfaction of the City Traffic Engineer. 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. ATTEST: PASSED and ADOPTED this 4th day of Septemb- 07. n Morrison, Mayor APPROVED AS TO FORM: M ,City Clerk is ael R. Dalla George H. Eiser, III City Attorney Passed and adopted by the Council of the City of National City, California, on September 4, 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)ri I Ie-It City Clerk of the City of ational City, California By: Deputy I HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of RESOLUTION NO. 2007-212 of the City of National City, Califomia, passed and adopted by the Council of said City on September 4, 2007. City Clerk of the City of National City, California By: Deputy