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HomeMy WebLinkAboutCC RESO 10,138RESOLUTION NO. 10,438 RESOLUTION GRANTING A RESIDENTIAL PLANNED UNIT DEVELOPMENT PERMIT PURSUANT TO ORDINANCE 1077 (Delgado Terrace Resubdivision) The City Council of the City of National City does hereby find, determine, order and resolve as follows: 1. At a regular meeting of the City Planning Commission on May 25, 1970, said Commission unanimously adopted a recommendation that the owner of the real property located 120 feet north of l6th Street, 100 feet west of Lanoitan Avenue, east of the proposed alignment of Euclid Avenue, be granted a Residential Planned Unit Development Permit upon the conditions hereinafter stated. 2. That the City Council has received the recommendation of the Planning Commission, and after full and complete consideration of said recommendation hereby grants a Residential Planned Unit Development Permit to improve a fifty-two lot subdivision, constructing a single family residence on fifty lots with a zero foot setback on one side of the lot with a dwelling on two lots constructed to resemble a duplex which shall be separated by a common wall. Lot seventy-seven shall be developed as a tot lot and park, on the property known as Delgado Terrace Resubdivision. Lot 78 shall be reserved as a non -building site and deeded to the City of National City at such time as 14th Street is installed. Subject Residential Planned Unit Development Permit shall be subject to the conditions as stated in Exhibit "A" attached hereto and hereby incorporated by reference as though set forth in full. PASSED AND ADOPTED this 14th day of July, 1970. ATTEST: EXHIBIT "A" 1. Lot twenty-seven (27) through seventy-six (76) shall he used for residential purposes only and no building shall be erected, con- structed, altered or maintained on any of said lots other than a single family dwelling, together with the customary outbuildings, including garages, as permitted by the Zoning Ordinance of the City of National City. a. Each unit may maintain a zero foot setback on one side with the dwelling on two lots constructed to resemble a duplex. (1) Property line separation wall shall have a fire resistive rating of two (2) hours - masonry. (2) No through penetration of separation wall shall be allowed. (3) Separation wall shall extend continuously from foundation to roof sheathing. (4) One -hour fire resistive protection shall be provided on the underside of roof sheathing for a distance of five feet (5') zero inches (0") each side of the separation wall. (5) Protect ends of two (2) hour walls (1 hour) equal to the depth of any projecting elements. (6) Plumbing, water and electrical systems shall not be interconnected. Each unit shall maintain its individual sewer connection, water meter and electrical meter. 2. Lot seventy-seven (77) shall be developed as open space for undivided use of all owners within the development and shall be improved in accordance with the plans attached to applicant's application on file in the Planning Department under "Planned Unit Development Permit No. 22" (revised). a. Each of the fifty purchasers shall receive an undivided one -fiftieth interest in said Lot seventy-seven (77). b. All r_etreation facilities, including children's play apparatus, picnic equipment, etc. shall be maintained in a safe condition at all times. c. Tot Lot area shall be covered with sand as approved by the park Director instead of decomposed granite as shown on plans. 3. Lot seventy-eight (78) shall be reserved and deeded to the City of National City when 14th Street is improved. 4. Street Improvements: a. Euclid Avenue shall be dedicated as a public street and improved as an eighty-four foot (84') right-of-way with a sixty-four foot (64') travelway. Entire dedication shall be graded in accordance with plans approved by the City Engineer and shall be improved with curbs, gutters, twenty feet (20') of permanent paving and ten foot (10') sidewalk, b. Seawind Drive between lots sixty-eight .(68) to the north and lots twenty-seven (27) and twenty-eight (28) to the south shall he dedicated as a public street and improved as a sixty foot (60') right-of-way with a thirty-six foot (36') travelway and improved with curb, gutter, five foot (5') concrete sidewalk contiguous to the curb within a twelve foot (12') parkway on both sides and thirty-six foot (36') permanent paving. c. Balance of Seawind Drive shall be dedicated as a public street and improved as a forty foot (40') right-of-way with a twenty-six foot (26') travelway and improved as follows: (1) Twenty-six feet (26') of permanent paving. (2) Five foot (5') concrete sidewalk contiguous to the curb within a twelve foot (12') parkway on the south side. (3) Two foot (2') concrete sidewalk contiguous to the curb and property line on the north side. d. Calle Delgado Drive shall be dedicated as a public street and improved as a forty foot (40') right=of-way with a twenty-six foot (26') travelway improved as follows: (1) Twenty-six feet (26') of permanent paving. (2) Five foot (5') concrete sidewalk contiguous to the curb within a twelve foot (12') parkway on the east side. (3) A two foot (2') concrete sidewalk contiguous to the curb and property line pn the west side. e, Meadow Drive shall be dedicated as a public street and improved as a forty foot (40') right-of-way with a twenty-six foot (26') travelway improved as follows: (1) twenty six feet (26') of permanent paving. (2) Five foot (5') concrete sidewalk contiguous to the curb within a twlve foot (12') parkway on the east and south side, (3) A two foot (2') concrete sidewalk contiguous to the curb and property line on the west and north side. f. All streets shall be clearly marked and maintained as one-way streets with on -street parking permitted on one side only, coinciding with the travel pattern. No parking shall be permitted on the opposite side; to be red curbed or posted "No Parking", All streets shall be posted "Slow --Children at Play". g. No access, other than Seawind Drive, shall he permitted on Euclid Avenue. Final Map shall show 'All access rights relinquished" on all lots abutting Euclid Avenue, Grant deed to all lots abutting Euclid Avenue shall make reference to their "Relinquishment of access rights to Euclid Avenue". h. All street improvements, including curbs, gutters, side- walks, driveways, cross gutters, shall be installed in accordance with the standards of the City of National City and as approved by the City Engineer, 3. Street signs - number, size, type and location to he approved by the Public Works Director of the City of National City - shall be installed. 5. Construction, drainage and grading. a. Construction drawings shall include complete grading and drainage plans to be approved by the City Engineer. Developers and/or property owners shall comply with the recommendations of the City Engineer as to installation and maintenance of drainage facilities. All drainage facilities shall be maintained free of debris at all times after construction. b. Completed construction drawings shall be approved by the Building and Housing Director and Fire Chief of the City of National City prior to construction. c. Construction shall commence within one hundred and eighty (180) days after the date of the Resolution adopted by the City Council approving a Residential Planned Unit Development Permit. Entire facility shall be constructed simultaneously so that the project as a whole, when construction is completed and all landscaping installed, shall he ready for occupancy. Said construction shall be completed approximately eighteen (18) months after commencement. 6. On -street and off-street parking. a. An attached enclosed garage shall he constructed simul- taneously with each dwelling unit. Said garage shall maintain a ten foot (10') by twenty foot (20') area for automobile storage. Said garage shall he maintained for off-street parking unless provisions can be made to construct another off-street parking garage in accordance with the Zoning Ordinance of the City of National City. b. Ten off-street parking spaces shall he installed and maintained within Lot seventy-seven (77).. Said off-street parking shall be installed and maintained providing a nine foot (9') by twenty foot (20') area for each automobile. Said automobile parking spaces shall be surfaced with no less than two inches (2") of A. C. Pavement, or its equivalent. Bumper guards shall be installed between the off-street parking and the lawn area. No parking shall be permited within the lawn area of the park. c, All streets shall he marked to provide for on -street parking, as approved by the City Engineer. d. All garages opening upon a dedicated street shall maintain twenty feet (20') from the property line to the garage to prevent encroachment within public right-of-way of any automobile temporarily parking within the front yard setback. No permanent parking shall be permitted within the front yard setback. 7. Underground Utilities. a. All proposed electrical, telephone and similar distribution utility facilities shall he placed underground, including all feeder lines from existing public facilities. Developer and/or property owner shall make all arrangements with the utility companies and the City of National City for the undergrounding of said facilities. b. All outside lighting shall he of an ornamental design and shall be wired for underground service. Ornamental street lights shall he installed on Euclid Avenue as well as all other streets within the resubdivision and shall be wired for underground service. Developer and/or property owner shall work with the San Diego Gas and Electric Company on the installation of street lights with possible future maintenance and operation by the utility company. c. Developer and/or property owner shall make provisions with the Fire Chief of the City of National City for the installation of fire alarm boxes and wiring for same in accordance with the Fire Alarm System of the City of National City. d. All water distribution facilities shall be installed in conformance with the specifications of the City of National. City and the California American Water Company. e. All sewer collection facilites within the proposed development and within the extension of existing facilities shall be installed in conformance with specifications of the City of National City. f, Television and/or ra'dio reception shall be provided by concealed antennas or by an underground or other concealed cable and one central antenna. Any television and/or radio cable installed shall be placed underground. g. All utility expenses, on or off site, shall be arranged by the developers and/or property owner. 8. Police and Fire Protection. a. Five (5) fire hydrants as approved by the Fire Chief of the City of National City shall be installed within the locations as indicated on the plans on file in the Planning Department under "Planned Unit Development Permit No. 22" (revised). Said Fire hydrants shall be supplied by an eight inch (8") water main adequate to provide a minimum of 750 gallons per minute. b. Access to Lot seventy-seven (77) shall be provided and maintained at all times to the Fire and Police Departments of the City of National City to facilitate fire or other emergency operations. 9. Landscaping. a. All slopes shall be planted and landscaped with adequate coverage as approved by the Park Director to prevent erosion and to eliminate any bare slopes. _ b, All portions of the parkway not included within the side- walk area and driveway shall be planted and maintained with ivy, grass or other ground covering. C. One tree - type, size and specie to he approved by the Park Director - to be installed and maintained on each lot between the sidewalk and the rear of the front yard setback. d. Two trees - type, size and specie to be approved by the Park Director - to be installed and maintained between the sidewalk and the rear of the exterior side yard setback on all lots maintaining an exterior side lot line. e. One tree - type, size and specie to be approved by the Park Director - to be installed and maintained within the rear yard of all lots abutting Euclid Avenue. f. Lot seventy-seven (77) shall be landscaped as shown on the plans on file in the Planning Department under "Planned Unit Development Permit No. 22" (revised). 10. Maintenance. a. All landscaping, trees and planting, including that required on the slopes and within Lot seventy-seven (77), shall be provided with permanent watering system and all such landscaping, trees and planting shall be permanently maintained in a growing and healthy condition. Permitting any portion of the required planting, trees or landscape to die, or become deteriorated, and not replaced, shall constitute prima facia evidence of a violation of this Planned Unit Development Permit. b. All gates, fences and/or walls shall be maintained by proper painting, staining or other means of preservation; shall be constructed of new material and shall be replaced when necessary. No barbed wire of other dangerous material may be used as fencing. All gates, fences, and/or walls shall be maintained in a neat, substantial safe condition in accordance with recognized standards and procedures for preservation and to minimize deterioration. Within twenty-four (24) hours after notification by the proper city official any damage to said gate, fence and/or wall shall he replaced and/or repaired. All wood fences and gates shall be retreated in the event the original paint or stain is damaged in any manner and a].1 portions damaged by holes, etc. shall be replaced. c. The exterior of all structures, including accessory structures, shall be maintained in good repair and all surfaces thereof shall be maintained in accordance with the recognized standards and procedures for the purpose of preservation and appearance. All surfaces shall be maintained free of broken glass, loose shingles, crumbling stones or brick, excessive peeling of paint or other condition reflective of deterioration or inadequate maintenance to the end that the property itself may he preserved, safety and fire hazards eliminated and adjoining properties protected from blighting influences. d. At no time after the issuance of subject Residential Planned Unit Development Permit shall the applicant and/or property owner permit the accumulation of debris, trash and/or weeds within the area of subject property upon which this permit is issued nor within the parkway adjacent to said property. 11. Grant Deed and Declaration of Restrictions. a. A Declaration of Restrictions shall be filed with the Office of the San Diego County Recorder and covered by the deed restrictions against said property, all the conditions and restrictions outlined in said Residential Planned Unit Development Permit and shall include the following provisions: (1) Establishment of a review Board Consisting of at least five (5) persons who shall he property owners within the development. (2) No building shall be erected, placed, altered on any lot until the construction plans and specifications, including any change of color scheme, and a plan showing the location of the construction has been approved by the Review Board. (3) In the event of the failure of any Board, then in such event the Review Board shall have the right and authority to perform the subject matter of such direction or order and the cost of such performance shall be charged to the owner in question and may be recovered by the Review Board in an action Review Board an adjoining be submitted tribunal. at law against such individual owner. (4) No dwelling without the written approval of the shall be more than two stories in height. (5) In the event a dispute occurs between an owner and owner over the application of restrictions, the same shall to the Review Board which Board shall act as an arbitrating (6) Declaration of Restrictions shall carry with it the obligation to comply individually and collectively with all the conditions and restrictions of the Planned Unit Development Permit with specifications for the buyer -to comply with said conditions and restrictions of said Planned Unit Development Permit. Each owner shall agree to comply with each condition and restriction contained within the Planned Unit Development Permit that affects his lot and the Review Board shall agree to comply with all terms of the Planned Development Permit as it applies to the common properties. (7) Declaration of Restrictions shall provide that if at any time the streets shown on the resubdivision map of Delgado Terrace are not maintained as a public street and in the future is vacated, the grantors, heirs, personal representatives, successors and assigns of the grantors shall maintain said street in the same manner as they are to maintain Lot seventy-seven (77). b. All grant deeds shall make reference to the existance of a common wall. Declaration of Restrictions shall also make reference to the common wall with provisions for each owner's obligations of maintenance of same. Grant deed by appropriate legal language shall describe the existence of a common wall and refer to the Declaration of Restrictions for the particulars on the rights and obligations of each owner as they apply to said common wall. (1) Declaration of Restrictions shall provide the means for resolving all disputes arising concerning the ownership, maintenance, repairs and removal of said common wall. c. Declaration of Restrictions shall provide for the maintenance, repair, or replacement of said common walls and/or structures in the event they become damaged for any cause, including, but not limited to fire and earthquake. d. Declaration of Restrictions shall require the Grantor to maintain the common areas until eighty percent (80%) of the lots have been sold at which time the Review Board after the Grantor has given written notice of the sale of eighty percent (80%) of the lots, shall assume said responsibility. • e; Grant:Deed and Declaration of Restrictions shall provide that all residential development, sale, alterations, remodeling, repair shall be subject to Residential Planned Unit Development Permit No. 22 (revised), the original of which is on file in the Office of the City Clerk of the City of National City. In the event any structure is replaced or is damaged, renewal by the owner and replacement or restoration shall be in accordance with the Declaration of Restrictions and plans approved by the Planning Commission as submitted by the property owner with his application. f. A complete set of the Declaration of Restrictions shall be submitted for approval of the City Attorney prior to the approval of the Residential Planned Unit Development Permit or the Tentative Resubdivision Map by the City Council of the City of National City. 12. Developer shall construct all residential units within the Delgado Terrace Resubdivision in accordance with the plans and renderings submitted with applicant's application in obtaining a Residential Planned Unit Development Permit. All development shall be in conformity with all existing codes, ordinances and laws of the City of National City. 13. Final Map shall provide on the Title Sheet provisions that all residential development, maintenance, sale and repair are subject to Residential Planned Unit Development Permit No 22 (revised), the original of which is on file in the office of the City Clerk of the City of National City. 14. Final Map shall provide on the Title Sheet indication that the individual residential lots encompassing the single residential unit, do not meet the minimum City Building sites. 15. Subject Residential Planned Unit Development Permit is also subject to the Developer's ability to obtain a Policy of Title Insurance for each dwelling unit in favor of the buyer, issued by a Title Insurance Company engaged in title insurance business in the State of California. 16. Tentative and Final ResubdivisionMap for Delgado Terrace shall be subject to all the conditions and restrictions contained within Residential Planned Unit Development Permit No. 22 (revised), the original of which is on file in the Office of the City Clerk of the City of National. City.