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HomeMy WebLinkAboutCC RESO 2008-41RESOLUTION NO. 2008 — 41 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY APPROVING A TENTATIVE SUBDIVISION MAP AND CONDITIONAL USE PERMIT AND PROPOSED FINDING OF NO SIGNIFICANT ENVIRONMENTAL EFFECT FOR 16 DETACHED HOMES WITH AN EXCEPTION FOR LESS THAN REQUIRED SETBACKS AND BUILDING SEPARATION ON AN APPROXIMATELY 1.5 ACRE SITE NORTH OF THE INTERSECTION OF KIMBALL WAY, F AVENUE AND 14TH STREET. APPLICANT: BITTERLIN DEVELOPMENT CORP. CASE FILE NO. 2007-37 S, CUP WHEREAS, application was made for approval of a Tentative Subdivision Map and Conditional Use Permit for 16 detached homes with exceptions for less than required setbacks and building separation on an approximately 1.5 acre site north of the intersection of Kimball Way, F Avenue and East 14th Street on property generally described as: Portion of Lot 11 in Quarter Section 154, Rancho De La Nacio, according to Map thereof, by Morrill No. 166, together with Lot 3 of Center City Project, according to Map thereof No. 8807. WHEREAS, the Planning Commission considered said application at a duly advertised public hearing held on February 4, 2008, and by Resolution recommended conditional approval of the application; and WHEREAS, the City Council considered said application at a duly advertised public hearing held on February 19, 2008, 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. 2007-37 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 that the City Council of the City of National City hereby approves the Tentative Subdivision Map and Conditional Use Permit for 16 detached homes with an exception for less than required setbacks and building separation on an approximately 1.5 acre site, based on the following findings: Resolution No. 2008 — 41 March 4, 2008 Page 2 RECOMMENDED FINDINGS FOR APPROVAL OF THE TENTATIVE SUBDIVISION MAP 1. The proposed map will not have a significant effect on the environment since the site is currently developed and is located within a fully urbanized area. 2. The proposed map is consistent with the National City General Plan, including Specific Plans since the General Plan/Zone designation for the project site is General Commercial - Planned Development (CG-PD), which provides for the creation of home ownership opportunities, allows for a mixture of land uses to provide additional housing opportunities, removes under-utilized commercial property, and incorporates high quality design. There are no Specific Plans that are applicable to the project site. 3. The site is physically suitable for the proposed type of development, since the project will develop 16 new single-family homes and their required amenities, such as parking and open space, in an urbanized developed area, and is suitable for two-story residential development. 4. The site is physically suitable for the proposed density of development, since the proposed 16 units (10.7 units per acre) is less than the 34.8 units per acre as allowed in the CG-PD zone. 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 the project site is located in an urbanized and developed area and proposes no development or construction within the adjacent Paradise Creek. 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. 9. 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. Resolution No. 2008 — 41 March 4, 2008 Page 3 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. RECOMMENDED FINDINGS FOR APPROVAL OF THE CONDITIONAL USE PERMIT 1 That the site for the proposed use is adequate in size and shape, since the 1.51 acre site can accommodate the development of 16 two-story homes attached garages, thirteen on - site guest parking spaces, private access driveways, common landscaped areas, and private open space for each unit with minimal exceptions from Code requirements. 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 (14th Street and Kimball Way) have sufficient capacity to adequately handle the approximately 192 average daily trips (ADT) generated by the project without 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 proposed lot is surrounded by commercial development including a WalMart and 99-Cent Only store, and the development of the existing lot with 16 single-family homes would not reduce parking for the adjacent commercial uses below City requirements. 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 and promote the development and use of a currently underutilized property. RECOMMENDED FINDINGS FOR APPROVAL OF THE REQUESTED EXCEPTIONS FOR SETBACKS AND BUILDING SEPARATION Granting of the requested exceptions is in accordance with the intent and purposes of this Title, and is consistent with the General Plan and with all specific plans or other plans of the City since the proposed residential development (10.7 units per acre) is consistent with the uses and density (34.8 units per acre) allowed in the General Commercial (CG) Zone, since the General Plan encourages the creation of home ownership opportunities, and the infill development is suitable for families as described in the attached report, and since the functional design of the proposed subdivision is compatible with adjacent and nearby development consistent with the intent of this Title. RECOMMENDED FINDINGS FOR APPROVAL OF NEGATIVE DECLARATION 1. That the Negative Declaration (2007-37 IS) has been read and considered together with any comments received during the public review process. Resolution No. 2008 — 41 March 4, 2008 Page 4 2. That based on the whole record including the Initial Study, there is no substantial evidence that the project will have a significant effect on the environment and that the Negative Declaration reflects the City's independent judgment and analysis. BE IT FURTHER RESOLVED that based on the findings hereinbefore stated, said Tentative Subdivision Map and Conditional Use Permit for 16 detached homes with an exception for less than required setbacks and building separation on a 1.5-acre site north of the intersection of Kimball Way, F Avenue and East 14th Street is hereby approved subject to the following conditions: 1. This Tentative Subdivision Map and Conditional Use Permit authorize the development of 16 single-family condominiums for individual sale. Except as required by conditions of approval, all plans submitted for permits associated with the project shall conform with Exhibit "A", Case File No. 2007-37 S, CUP dated January 30, 2008. 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, as well as details for hardscape on -site, including the 6 foot cedar fencing between homes, the split -face block wall along the east property line, wrought iron security gate design at emergency exit, and keystone retaining wall. 3. To reduce the potential effects of light, glare, and noise from the adjacent commercial property, the applicant shall work with staff prior to the issuance of building permits to provide adequate screening for the six homes along the east property line, which may include additional landscaping and/or awnings or screening on the upper floor windows. 4. 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. 5. 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. Resolution No. 2008 — 41 March 4, 2008 Page 5 6. Plans must comply with the 2001 editions of the Califomia Building Code, the California Mechanical Code, the California Plumbing Code, the 2004 California Electrical Code, and California Title 24 energy and handicapped regulations. 7. Television cable companies shall be notified a minimum of 48 hours prior to filling of cable trenches. 8. A lighting plan for the site shall be provided to the Planning Department to identify all proposed lighting along driveways and walkways throughout the site, for review and approval prior to the issuance of building permits. 9. If individual trash service cannot be safely accommodated by the provider, trash enclosures shall be provided in accordance with city standards to the satisfaction of the Planning Department. They shall have a stucco exterior to match the buildings. 10. 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. 11. The project is to be designed, developed and constructed in compliance with the Califomia Fire Code (CFC) 2001 edition of CFC in effect at time of permit issuance and the most current National Fire Protection Association (NFPA) Standards as adopted by the City of National City. 12. The property must be addressed in a manner clearly visible from the street, subject to the satisfaction of the National City Fire Department. 13. The secondary fire access shall meet fire lane requirements of 20 feet clear width and 28 feet radius corners, subject to the satisfaction of the National City Fire Department. 14. Entry/Exit electric operated gates shall have a knox key switch, as well as opticom sensors. 15. Access roadways (Driveways A, B, and C) shall be marked as a "no parking fire lane" throughout the development to the satisfaction of the National City Fire Department. 16. An estimated minimum fire flow requirement will be 1,000 gpm measured at 20 psi residual pressure. 17. Final Grading plans shall be reviewed by a project biologist to ensure there is no impact to the adjacent Paradise Creek ESA. 18. If the property is identified as in the Federal Flood Plain area, a Flood hazard permit shall be obtained from the Engineering Department. Resolution No. 2008 — 41 March 4, 2008 Page 6 19. 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 Departments requirements. 20. The Priority Project Applicability checklist for the National Pollutant Discharge Elimination System (NPDES) 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. 21. 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. 22. SUSMP documentation must be submitted and approved. 23. 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. 24. 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. 25. The existing and proposed curb inlet on property shall be provided with a "No Dumping" signage in accordance with the NPDES program. Resolution No. 2008 — 41 March 4, 2008 Page 7 26. A National Pollutant Discharge Elimination System (NPDES) permit is required for discharges of storm water runoff associated with construction greater than 1 acre 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. 27. A Notice of Intent (NOI) shall be filed with the Regional Water Quality Control Board (RWQCB). 28. 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. 29. 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. 30. There are existing sewer and drainage easements reserved to the City of National City. No building encroachment will be allowed within these easements. The easements shall be shown on the grading plan and map. Easements can be vacated, if City Council approves vacation. 31. The deteriorated portions of the existing street improvements (sidewalk 35') along the property frontages shall be removed and replaced. Street improvements shall be in accordance with City Standards. Abandoned driveway aprons (20') shall be replaced with curb, gutter and sidewalks. 32. The existing pedestrian ramp(s) on the north side of 14th Street adjacent to the project site shall be removed and replaced if it does not comply with the A.D.A requirements and the Regional Standard Drawing. 33. 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. 34. 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. Resolution No. 2008 — 41 March 4, 2008 Page 8 35. 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 and map are submitted. The deposit is subject to adjustment according to actual worked hours and consultant services. 36. 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. 37. 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. 38. 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. 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 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. 43. An additional street light shall be installed along the public right-of-way in front of the project site, subject 10 review and approval by the Public Works Director. 44. Within four (4) business days of final approval, pursuant to Fish and Game Code 711.4 and the Califomia 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. 45. 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 calendar days of its receipt shall automatically terminate the Subdivision/Planned Resolution No. 2008 — 41 March 4, 2008 Page 9 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. 46. 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 Conditional Use Permit shall expire concurrently with the Tentative Map. 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 4th day of March, 2008. Ron Morrison, Mayor ATTEST: N Michael R. Dall., Ci . 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 March 4, 2008 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 ;m4liti , City erk 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. 2008-41 of the City of National City, Califomia, passed and adopted by the Council of said City on March 4, 2008. City Clerk of the City of National City, California By: Deputy