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HomeMy WebLinkAboutCC RESO 2009-192RESOLUTION NO. 2009 - 192 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY, CALIFORNIA, APPROVING A NEGATIVE DECLARATION AND A SEVEN LOT RESIDENTIAL TENTATIVE SUBDIVISION MAP INCLUDING REQUESTS FOR EXCEPTIONS FOR LOT SIZE, LOT WIDTH, AND STREET FRONTAGE, A VARIANCE REQUEST FOR THREE STORY UNITS, SETBACKS, AND A REQUEST TO WAIVE UNDERGROUNDING OF UTILITIES FRONTING ON PROSPECT STREET ON A 0.71-ACRE SITE AT 2121 GROVE STREET. APPLICANT: ARNOLD SCHMIDT. CASE FILE NO: 2007-59 S, IS, Z APN: 561-380-24 WHEREAS, application was made for approval of a Negative Declaration and Tentative Subdivision Map Request for seven parcels with exceptions for density, setbacks, lot size and frontage, a variance request for three-story units and reduced front and side yard setbacks, and a request to waive undergrounding of utilities fronting Prospect Street on an approximately 0.7 acre site at 2121 Grove Street on property generally described as: Lot 15, 16, 17, 18 and 19 in Block 1 of Westview First Subdivision, in the City of National City, County of San Diego, State of California, according to Map thereof No. 1784, filed in the Office of the County Recorder of San Diego County, March 6, 1924; Also Lots 30 to 34 inclusive in Block 1 of Westview First Subdivision, in the City of National City, County of San Diego, State of California, according to Map thereof No. 1784, filed in the Office of the County Recorder of San Diego County, March 6, 1924, excepting therefrom the easterly 100 feet of Lots 30 and 31 and the southerly 12 feet of the easterly 100 feet of Lot 32 in said Block 1. WHEREAS, the Planning Commission of the City of National City, California, considered said applications at a duly advertised public hearing held on April 6, 2009, at which time the Planning Commission considered oral and documentary evidence; and, WHEREAS, at said public hearing the Planning Commission considered the staff report provided for Case File No. 2007-59 S, IS, Z which is maintained by the City and incorporated herein by reference; along with evidence and testimony at said hearing; and recommended denial of the proposed Tentative Subdivision Map with exceptions, variance and underground waiver request; and, Resolution No. 2009 - 192 August 4, 2009 Page2of10 WHEREAS, subsequent to the action of the Planning Commission, the applications were scheduled for a public hearing before the City Council on May 5, 2009; and, WHEREAS, this action is taken pursuant to all applicable procedures required by State law and City law; and, 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, California that this action is based upon the testimony and evidence presented to the City Council at the public hearings held on May 5, 2009, June 16, 2009, and July 21, 2009. At said hearings, the City Council received public testimony and evidence, and at the conclusion of the July 21 hearing, approved the Negative Declaration and Tentative Subdivision Map with exceptions, variance, and waiver of undergrounding based on the following findings: SEVEN LOT 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 many of the goals of the National City General Plan and Housing Element, since the General Plan/Zone designation for the site, Single -Family Extendible - Planned Development, RS-3-PD, provides for the creation of single-family homes and the project is consistent with General Plan Housing Element goals, including the creation of housing opportunities, promotion of a higher rate of homeownership (Policy X, pp. 26), and production of moderate and middle income ranges to allow mobility in housing supply (Policy S, pp 25)). 3. The site is physically suitable for the proposed type of development, since the project would include seven single-family homes with adequate parking and open space, in an urbanized, developed area, and since there are no unusual geologic hazards on -site. 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 natural 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 the project is located within existing public facilities and public services service area and therefore, all necessary public services would be available and provided upon completion of the proposed project. 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 Resolution No. 2009 - 192 August 4, 2009 Page 3 of 10 proposed subdivision, since any easements located on the site will be relocated by condition of approval and new easements for public utilities and access would be created with the recordation of the final map. 7. The discharge of waste from the proposed seven residential units 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 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. EXCEPTIONS FOR LOT SIZE, FRONTAGE AND WIDTH, AND INCREASE DENSITY FROM SIX UNITS TO SEVEN UNITS 1. The property to be divided is of such size or shape, that it is impossible or impracticable in this particular case to conform fully to the subdivision requirements, since the 0.71 acres parcel is of a configuration that limits the ability to provide minimum lot widths due to the existing frontage on Grove Street, the narrow frontage on Prospect Street requires constructing a private access, and since the proposed development is consistent with the development pattern of the surrounding residential lots. 2. The exceptions would not be detrimental to the public health, safety, or welfare, or be detrimental to the use of other properties in the vicinity, since the proposed subdivision provides for access, parking, utilities, and other required amenities for the seven proposed residential parcels within the site, as required by the Land Use Code. 3. Granting of the 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 General Plan and Housing Element encourage the creation of home ownership opportunities which the requested exceptions facilitate, and since the functional design of the proposed subdivision is compatible with adjacent and nearby development consistent with the intent of this Title. 4. The proposed increase in density from 8.7 dwelling units per acre to 9.85 dwelling units per acre would not have a specific adverse impact upon the surrounding community since the neighborhood consists of a variety of housing types including multi -family development, the proposed units are detached and reflect single-family homes, and the proposed development is meets the design criteria of the City's design guidelines. Resolution No. 2009 - 192 August 4, 2009 Page 4 of 10 VARIANCES FOR FRONT YARD SETBACK FOR LOTS 1— 4, SIDE YARD SETBACKS FOR LOTS 2 — 4, AND THREE STORY UNITS FOR LOTS 6 & 7 1. The proposed variance for reduced front yard setbacks for lots 1 — 4 is requested due to the steep slope along Grove Street and strict adherence to the front yard setback would result in increased grading, wall heights, and reduced rear usable rear yards which would deprive the property owner to develop the property in a similar manner of surrounding properties and since adequate parking would be provided within the two -car garage for each unit, parking is available across the street, and there is adequate driveway depth to accommodate a standard vehicle, the requested variance would not have an adverse impact on surrounding properties. 2. The proposed variance for reduced side yard setbacks for lots 2 — 4 is requested to provide for detached single-family residential development consistent with the neighborhood and the R-3- PD zoning and the project design allows for maintaining standard five foot side yard setbacks on the north and south property lines to meet minimum side yard setbacks and provide adequate distance from existing development. 3. The proposed variance for three story units on lots 6 and 7 is requested to allow for adequate open space on each of the parcels which are restricted due to the shared private roadway to provide access thereby reducing open space opportunities and since the three story units would not have a substantial adverse impact on surrounding properties as overviewing would be minimized since landscaping would be installed along the northern property line. WAIVER FOR UNDERGROUNDING FOR UTILITIES FRONTING PROSPECT STREET NOT SERVICE THE PROJECT 1. The waiver to underground existing utilities fronting on Prospect Street would not be detrimental to the public health, safety, or welfare or be detrimental to the use of other properties in the vicinity as the area is already developed, existing utility poles are prevalent in the surrounding area, the utilities serving the development will be located underground from Grove Street, and the removal of the pole on Prospect may result in installation of additional poles in the area, thereby waiving the undergrounding along the property boundaries of Prospect Street would not result in a visual degradation of utilities nor reduce the number of utility poles 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 and the undergrounding to be completed on the project site during the development would serve to improve the property values in the area. NEGATIVE DECLARATION Resolution No. 2009 - 192 August 4, 2009 Page 5of10 1. That the Negative Declaration, Case No. 2007-59 IS, has been prepared to address all potential environmental impacts and considered together with any and all comments received during the public review process and it has been determined that significant environmental impacts would not occur upon construction of the proposed seven residences. 2. Based on the environmental analysis conducted to assess potential environmental impacts, 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 herein before stated, the City Council hereby recommends approval of said Negative Declaration and Tentative Subdivision Map Request for seven parcels with exceptions for density, setbacks, lot size and frontage, a variance request for three-story units and reduced front and side yard setbacks, and a request to waive undergrounding of utilities fronting Prospect Street on an approximately 0.7 acre site on the west side of Grove Street, addressed as 2121 Grove Street, subject to the following conditions: General 1. This Tentative Subdivision Map authorizes the subdivision of one parcel into seven (7) lots for the development of 7 detached single-family residences. Except as required by conditions of approval, all plans submitted for permits associated with the project shall conform with Exhibits dated March 16, 2009 or as approved pursuant to the action of the City Council, Case File no. 2007-59 S, IS, Z. 2. 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 § 17.04.070. Planning Division 3. 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 for the San Diego County Clerk. Checks shall be made payable to the County Clerk and submitted to the National City Planning Division. 4. Before this Subdivision 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 Subdivision. The applicant shall also submit evidence to the satisfaction of the Planning Director that a Notice of Restriction on Real Property is Resolution No. 2009 - 192 August 4, 2009 Page 6 of 10 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 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. 5. A detailed landscape and underground irrigation plan, including plant species, sizes, methods of planting, street trees, etc. shall be submitted for review and approval by the Planning Division prior to the issuance of grading permits for the site. The landscape plan shall reflect the use of drought tolerant planting and water conserving irrigation devices, as well as details for all hardscape on -site, a 5 foot high wood fence between each residence and along the northern and southern boundaries of the project site, and dense landscaping along the northern property line to screen the proposed units from the existing units to retain privacy. 6. To reduce the potential effects of elevated levels of ambient noise from the adjacent I-805 freeway, the applicant shall provide a noise study prepared by a licensed acoustic engineer to indicate appropriate building methods and features required to reduce interior noise levels to below a 45dBA level, as required by Section 1207.11 of the 2007 CBC, as adopted by the City of National City. This study shall be submitted with the building plans and approved by the Building Official prior to the issuance of any building permits for the site. 7. If the entire site cannot be served by the utilities fronting on Grove Street and service would be provided to any or all of the units from Prospect Street, the utility service shall be installed underground. 8. Prior to recordation of the Final Map, the existing residence shall be relocated so that the structure does not extend over proposed property lines for individual parcels or the existing structure shall be demolished prior to Final Map Recordation. The existing storage/accessory buildings shall be demolished prior to recordation of the Final Map unless approved by the Planning Division. Building Division 9. Plans must comply with the 2007 editions of the California Building Code, the California Mechanical Code, the California Plumbing Code, the California Electrical Code, California Fire Code and California Title 24 energy and handicapped regulations. 10. Television cable companies shall be notified a minimum of 48 hours prior to filling of cable trenches. Fire Department 11. The project shall be designed, developed and constructed in compliance with the California Fire Code (CFC) edition in effect at time of building permit issuance, the most current National Fire Protection Association (NFPA) Standards and City of National City Municipal Code and Ordinances as adopted by the City of National City. Resolution No. 2009 - 192 August 4, 2009 Page 7 of 10 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 applicant shall maintain internal roadway access for fire apparatus in accordance with the current California Fire Code and California Vehicle Code by providing an unobstructed width of not less than 20 feet and an unobstructed vertical clearance of not less than 13 feet, 6 inches. Where the internal access roadway width would be reduced below 20 feet due to parked vehicles, the applicant shall post "No Parking Fire Lane" signs and/or paint the adjacent curb or pavement (if no curb provided) red with "No Parking Fire Lane" stenciled in white letters at intervals of 25 feet, to the satisfaction of the Fire Marshal and City Engineer. Furthermore, the following rules shall apply unless an exception is granted by the Fire Marshall and/or City Engineer: 1) parking shall be prohibited on both sides for roadway widths less than 30 feet, 2) parking shall be prohibited on one side only for roadway widths between 30 feet and 40 feet, and 3) parking is permitted on both sides for roadway widths greater than or equal to 40 feet. 14. The developer shall submit, to the Fire Department, a letter from Sweetwater Authority stating existing fire flow. If determined by the Fire Marshall that additional improvements are needed, the developer shall enter into an agreement for the water improvements with Sweetwater Authority prior to obtaining the final map approval. Engineering Division 15. The creation of a 20-foot wide easement for both utilities and ingress/egress for the benefit of lots 5, 6, and 7 from Prospect Street will be required. The easement shall be created on the final map. A maintenance agreement for the road and utility easement between Lots 5 - 7 shall be prepared and approved by the City Attorney and recorded with the Final Map. 16. Easements for drainage, utilities, and building maintenance access to lots 2, 3, and 4 with zero side yard setbacks for the benefit of each parcel shall be provided on the final map. A maintenance agreement for drainage, sewer, water facilities and building maintenance for lots 1 through 4 shall be prepared and approved by the City Attorney and recorded with the Final Map. 17. Easements for drainage, sewer and water, if determined necessary by the City Engineer, from and across lots 1 — 4 for the benefit of lots 5 — 7 shall be provided on the final map. A maintenance agreement for drainage, sewer, and water facilities be prepared and approved by the City Attorney and recorded with the Final Map. 18. The existing 12-foot wide Sweetwater Authority easement across the center of the property shall be vacated by the owner, at their expense. Proof of the quitclaim or a letter from SWA stating removal of the easement is not necessary must be submitted to the Engineering Department prior to issuance of any grading or building permits. 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 Resolution No. 2009 - 192 August 4, 2009 Page 8 of 10 additional run off. All Hydrology study findings and recommendations are part of Engineering Department's 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 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 nin-offs 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 Division. 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. 25. A soils engineering report shall be submitted for the Engineering Division'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 Resolution No. 2009 - 192 August 4, 2009 Page 9of10 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 Division requirements. 26. 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. 27. Street improvements shall be completed in accordance with City Standards. All missing street improvements shall be constructed. Abandoned driveway aprons shall be replaced with curb, gutter and sidewalks. 28. A title report and grant deed shall be submitted to the Engineering Division, after the Planning Commission approval, for review of all existing easements and the ownership at the property. 29. 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. 30. The final subdivision 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. 31. 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. 32. All utility distribution facilities within the boundaries of the subdivision, and within the half street abutting the new subdivision, shall be placed underground, unless the City Council approves a request to waive the undergrounding request for utilities fronting on Prospect Street that do not serve the project. All services to the project site shall be placed underground. 33. The final map shall be recorded prior to issuance of any building permits, however, if it is determined, based on a revised tentative subdivision map prepared by a licensed Civil Engineer that any or all of the existing structures would extend over the newly created parcel lines, these buildings shall be removed and/or relocated with appropriate building permits prior to recordation of the final map. 34. All new property line survey monuments shall be set on private property, unless otherwise approved by the Engineering Division. Resolution No. 2009 - 192 August 4, 2009 Page l0 of 10 BE IT FURTHER RESOLVED that the City Council has considered the proposed Tentative Subdivision Map, exceptions, variances and waiver of undergrounding (Case No. 2007-59 S, IS, Z) requested by the applicant, together with any comments received during the public review process, and finds on the basis of the whole record finds that the project will have a significant adverse effect on the preservation of the public health, safety and general welfare and denies the proposed development. BE IT FURTHER RESOLVED that copies of this Resolution be transmitted forthwith to the applicant. PASSED and ADOPTED this 4TH day of August, 2009. RON MORRISON, MAYOR ATTEST: A C AEL R. DAL MI A, CITY CLERK APPROVED AS TO FORM: GEORGE H. EISER, III, CITY ATTORNEY Passed and adopted by the Council of the City of National City, California, on August 4, 2009 by the following vote, to -wit: Ayes: Councilmembers Morrison, Parra, Sotelo-Solis, Van Deventer, Zarate. Nays: None. Absent: None. Abstain: None. AUTHENTICATED BY: RON MORRISON Mayor of the City of National City, California City Clerk of the City of Natonal City, California By: Deputy I HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of RESOLUTION NO. 2009-192 of the City of National City, California, passed and adopted by the Council of said City on August 4, 2009. City Clerk of the City of National City, California By: Deputy