HomeMy WebLinkAboutCC RESO 2008-220RESOLUTION NO. 2008 — 220
RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF NATIONAL CITY APPROVING
A FINDING OF NO SIGNIFICANT IMPACT,
A TENTATIVE SUBDIVISION MAP, PLANNED
DEVELOPMENT PERMIT FOR EIGHT CONDOMINIUM UNITS
WITH EXCEPTIONS FOR SETBACKS, PARKING, AND
BUILDING SEPARATION, AND A REQUEST TO WAIVE
UNDERGROUNDING OF UTILITIES ALONG
18TH STREET AT 1820 G AVENUE
APPLICANT: HABITAT FOR HUMANITY
CASE FILE NO. 2008-20 PD, S, IS
APN: 560-233-06
WHEREAS, application was made for approval of a Finding of No Significant
Impact, a Tentative Subdivision Map, a Planned Development Permit for eight residential
condominium units with exceptions for less than required front and side yard setbacks, building
separation, and parking; and a request for a waiver to underground utilities along 18th Street on
a 0.33-acre parcel containing a vacant residence and storage building on the southwest corner
of 18'h Street and G Avenue, addressed as 1820 G Avenue and generally described as:
Lots 16, 17, 18, 19 and 20 in Block 3 of the Subdivision of W.S. Bullis of 10 Acre
Lot 114 , in Quarter Section 153 of the Rancho de la Nacion, in the City of
National City, County of San Diego, State of California, according to map thereof,
no. 201, filed in the Office of the County Recorder of said San Diego County,
May 27, 1881. Together with that portion of the West 10 feet of G Avenue, as
closed to public use.
WHEREAS, the Planning Commission considered said applications at a duly
advertised public hearing held on September 15, 2008, at which time the Planning Commission
considered oral and documentary evidence; and
WHEREAS, the Planning Commission considered said application and
recommended approval of the Finding of No Significant Impact, Planned Development Permit,
Tentative Subdivision May, and request to waive underground utilities of two utility poles along
18`h Street; and
WHEREAS, the City Council considered said application and recommendation by
the Planning Commission at a duly advertised public hearing held on October 7, 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. 2008-20 S, PD, IS which is maintained by the City, and incorporated
herein by reference, along with evidence and testimony at said hearing; and
WHEREAS, in accordance with Section 13.08.050 of the National City Municipal
Code, the City Council, upon recommendation by the Planning Commission, may grant a
request to waive the requirement to underground existing utilities; and
WHEREAS, this action is taken pursuant to all applicable procedures required by
State law and City law; and
Resolution No. 2008 — 220
October 21, 2008
Page 2
WHEREAS, the action hereby taken is found to be essential for the preservation
of the public health, safety and general welfare.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
National City, that the testimony and evidence presented to the City Council at the public
hearing held on October 7, 2008, support the following findings:
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
disturbed and there is no native habitat on site or mature vegetation.
2. The proposed map is consistent with the National City General Plan and Housing Element
since the project would provide residential units to households meeting less than 60% of
the Area Median Income.
3. The site is physically suitable for the proposed type of development, since the site is
relatively flat, will not result in excessive grading, and the design of the proposed
development would provide for adequate open space and separation.
4. The proposed development meets the General Plan density which allows one unit for each
1,900 square feet, and the proposed development would provide eight units which is
consistent with the RM-1 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 no
native habitat exists on site.
6. The project site would not impact public services since it is located within walking distance
to public schools and within five minutes of a fire station, and all other 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, since infrastructure improvements are available
within existing public easements.
8. The discharge of sewerage waste from the subdivision into the 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 determined that the subdivision will benefit the
community and serve to meet the City's Regional Housing Assessment Needs.
Resolution No. 2008 — 220
October 21, 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 PLANNED DEVELOPMENT
1. That the site for the proposed use is adequate in size and shape, since the 0.33 acre site
can accommodate the development of eight two-story homes with 11 on -site parking
spaces and a common landscape courtyard 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
adjacent local residential streets, 18th Street and G Avenue, have sufficient capacity to
adequately handle the approximately of 88 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 development would be consistent with surrounding single family homes,
and the residents would be served by the nearby schools.
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 low income
households and help meet the City's housing goals.
RECOMMENDED FINDINGS FOR APPROVAL
OF THE REQUESTED EXCEPTIONS
1. The proposed design of the subdivision removes access driveways from 18th Street and G
Avenue and utilizes access from the alley, therefore, the exceptions requested for reduced
front and side yards and building separation are warranted to provide for adequate interior
common open space.
2. The exceptions requested would not be detrimental to the public health, safety, or welfare,
or to other properties in the vicinity since the reduced setbacks and building separation are
not located adjacent to the residence to the south, and adequate parking will be provided
along the streets since driveway access will be accommodated from the alleyway.
3. Granting of the requested exceptions is in accordance with the intent and purpose of the
Land Use Code and Subdivision Ordinance, and are consistent with the General Plan and
the Housing Element since the exceptions are essential to the design that offers adequate
open space and community, and provides for affordable housing opportunities.
Resolution No. 2008 — 220
October 21, 2008
Page 4
RECOMMENDED FINDINGS FOR APPROVAL
TO WAIVE THE REQUIREMENT TO
UNDERGROUND UTILITIES ALONG 18T" STREET
1. The waiver of undergrounding existing utilities will not be detrimental to the public health, safety, or
welfare or be detrimental to the use of other properties in the vicinity as subject property's existing
utility poles are prevalent along 18`h Street and relocation of two poles would not result in a
substantial improvement of utilities in the area.
2. The waiver to underground existing utilities would not result in decreased property valuation as
there is not a comprehensive plan to underground utilities within the general area.
3. The increase in vegetation along the property boundaries would enhance the visual
qualities along 18t Street and the general condition of the area and provide benefit to the
surrounding properties.
RECOMMENDED FINDINGS FOR APPROVAL
OF STATEMENT OF EXEMPTION AND
FINDINGS OF NO SIGNIFICANT IMPACT
1. That the Statement of Exemption pursuant to CEQA and the Finding of No Significant
Impact (FONSI), pursuant to NEPA contained in the file 2008-20 IS, has been read and
considered together with any comments received during the public review process.
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
Statement of Exemption and FONSI reflect the City's independent judgment and
analysis.
BE IT FURTHER RESOLVED that based on the findings herein before stated,
the City Council hereby recommends approval of said Finding of No Significant Impact,
Tentative Subdivision Map, Planned Development for eight residential condominium units with
exceptions for less than required front and side yard setbacks, parking, and building separation;
and a request to waive undergrounding utilities along 18th Street on a 0.33-acre site containing a
vacant single-family residence and storage building at the southwest corner of 18th Street and
G Avenue, addressed as 1820 G Avenue, subject to the following conditions:
General
1. This Tentative Subdivision Map and Planned Development Permit authorize the
development of eight single-family condominiums for individual sale to low income
households meeting the threshold of 60% ARM. Except as required by conditions of
approval, all plans submitted for permits associated with the project shall conform with
Exhibit A, Case File no. 2008-20 S, IS dated April 11, 2008.
2. 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 the courtyard, parking area,
walks,
Resolution No. 2008 — 220
October 21, 2008
Page 5
trash enclosure, exterior structures, 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.
3. 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.
4. Television cable companies shall be notified a minimum of 48 hours prior to filling of cable
trenches.
5. Before this Subdivision and Planned Development Permit shall become effective, the
applicant and the property owner both shall sign and have notarized an Acceptance Form,
provided by the Planning Division, 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 Planned Development Permit. The applicant shall also submit evidence to the
satisfaction of the Director of Planning and Building that a Notice of Restriction on Real
Property is recorded with the County Recorder. The applicant shall pay necessary
recording fees to the County Clerk. 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
Director of Planning and Building prior to recordation.
6. Pursuant to Section 17.04.070 of the Subdivision Ordinance, approval of the Tentative
Subdivision Map expires 24 months from the date of 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 Planned Development Permit shall expire concurrently with the
Tentative Subdivision Map.
Housing and Grants Division
7. The applicant/developer shall enter into a Housing Agreement with the city, with terms to be
reviewed and revise by the Community Development Department, Housing and Grants
Division. The Agreement shall specify that the units shall be offered For Sale to First Time
Home Buyers at 60% of the San Diego Area Median Income, or less. The approval and
recordation of the agreement shall take place prior to Final Map recordation. This
agreement shall be binding to all future owners and successors in interest.
Resolution No. 2008 — 220
October 21, 2008
Page 6
Planning Division
8. The building permit shall indicate the approved exterior colors and materials on file with the
Planning Division.
9. A detailed landscape and underground irrigation plan, including plant species, methods of
planting, etc., shall be submitted for review and approval by the Director of Planning and
Building. 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 enclosing each of the private yards. Landscaping, irrigation and street trees
(averaging one tree for every 40 feet) shall be provided to the walkway.
10. A lighting plan for the site shall be provided to the Planning Division to identify all proposed
lighting along driveways and walkways throughout the site for review and approval prior to
the issuance of building permits.
11. Trash enclosure shall be provided as indicated on the approved site plan in accordance
with City standards to the satisfaction of the Planning Division. The exterior design of the
trash enclosures shall reflect similar materials of the residential units.
12. Exterior walls of trash enclosures and any freestanding walls to a height of not less than 6-
feet shall be treated with a graffiti resistant coating subject to approval from the Building
Official. Graffiti shall be removed within 24 hours of its observance.
13. Within four (4) days of final 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 to the San Diego County Clerk. Checks shall be made
payable to the County Clerk and submitted to the Planning Division.
Fire Department
14. The project is to be designed, developed, and constructed in compliance with the California
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.
15. The property must be addressed in a manner clearly visible from the street, subject to
the satisfaction of the Fire Marshall.
16. 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 Fire Marshall.
17. Entry/Exit electric operated gates shall have a Knox key switch, as well as opticom
sensors.
18. 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.
Resolution No. 2008 — 220
October 21, 2008
Page 7
Engineering Department
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 Department 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 to 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 Standard Urban Storm Water Mitigation Plan (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. All surface run-off shall be treated with an approved Standard Urban Runoff Mitigation
Plan (SUSMP) Best Management Practice (BMP) for all Priority SUSMP projects. No
runoff will be permitted to flow over the sidewalk. Adjacent properties shall be protected
from surface run-off resulting from this development.
23. 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.
24. A sewer permit shall 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. 2008 — 220
October 21, 2008
Page 8
25. Separate street and sewer plans prepared by Registered Civil Engineer, shall be
submitted showing all of the existing and proposed improvements. The plans shall be in
accordance with City requirements.
26. 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.
27. The deteriorated portions of the existing street improvements along the property
frontages shall be removed and replaced (Sidewalk).
28. 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.
29. Street improvements shall be in accordance with City Standards. All missing street
improvements shall be constructed (gutters on 8th street and alley).
30. A title report and grant deed shall be submitted to the Engineering Department, after the
Planning Commission approval, for review of all existing easements and the ownership
at the property.
31. 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.
Final Map Requirement
32. 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.
33. 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.
34. Separate water and sewer laterals shall be provided to each lot/parcel.
Resolution No. 2008 — 220
October 21, 2008
Page 9
35. 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.
36. SUSMP documentation must be submitted and approved.
37. All utility distribution facilities to the units and within the project shall be placed
underground. Pursuant to City Council approval of October 7, 2008, the two utility poles
bordering 18th Street are not required to be removed or relocated
38. The final map shall be recorded prior to issuance of any building permit.
39. All new property line survey monuments shall be set on private property, unless
otherwise approved.
40. 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.
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 21 st day of October 08.
ATTEST:
Micltael R. Dalla, City Clerk
APPROVED AS TO FORM:
g
George H. Eiser, III
City Attorney
Ron Morrison, Mayor
Passed and adopted by the Council of the City of National City, California, on October
21, 2008 by the following vote, to -wit:
Ayes: Councilmembers Morrison, Ungab, Zarate.
Nays: None.
Absent: Councilmember Natividad, Parra.
Abstain: None.
AUTHENTICATED BY: RON MORRISON
Mayor of the City of National City, California
1
City CI rk 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. 2008-220 of the City of National City, California, passed and
adopted by the Council of said City on October 21, 2008.
City Clerk of the City of National City, California
By:
Deputy