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HomeMy WebLinkAboutCC RESO 9949RESOLUTION NO. 9949 UNIT RESOLUTION GRANTING A RESIDENTIAL PLANNED/DEVELOPMENT PERMIT PURSUANT TO ORDINANCE 1077 (Delgado Terrace) 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 August 25, 1969., said Commission unanimously adopted a recommendation that the woner of thereal property located 120 feet north of 16th Street, 100 feet west of Lanoitan Avenue, east of the proposed alignment of Euclid Unit Avenue, be granted a Residential Planned/Development Permit upon the conditicims hereinafter stated. 2. That the City Council has received the recom- mendation of the Planning Commission, and after full and com- plete consideration of said recommendation hereby grants a Unit Residential Planned/Development Permit to improve a twenty- six lot subdivision, constructing a residential duplex on each of twenty-five lots consisting of two units separated by a common wall, .the twenty -•sixth lot will be developed as a tot lot and park, on the property known as Delgado Terrace Subdivision 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 October, 1969. ATTEST: EXHIBIT "A" 1. All lots shall be re -numbered on the Final Map from one (1) through fifty-one (51) to one (1) through twenty-six (26). 2. Lot one (1) through twenty-five (25) shall be used for residential purposes only and no building shall be erected, constructed, altered or maintained on any of said lots other than a duplex containing two single family dwellings, together with the customary outbuildings, including garages, as permitted by the Zoning Ordinance of the City of National City. a. Each unit may be individually sold with each purchaser receiving fee title to one-half (1/2) of said lot. Said dividing line shall be the centerline of each duplex measured from the front property line to the rear property line. (1) Property line separation wall shall have a fire resistive rating of two (2) hours - masonry. (2) No through penetration of separa- tion wall shall be allowed. (3) Separation wall shall extend con- tinuously 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 main- tain its individual sewer connection, water meter and electri- cal meter. 3. Lot 26 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 appli- cant's application on file in the Planning Department under "Planned Development Permit No. 22". a. Each of the fifty purchasers shall re- ceive an undivided one -fiftieth interest in said Lot 26. b. All recreation 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. 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. En- tire 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. Calle Delgado Entryway shall be dedicated as a public street and improved as a sixty (60') foot right- of-way with a thirty-six (36') foot travelway and improved with curb, gutter, five (5') foot concrete sidewalk conti- guous to the curb within a twelve (12') foot parkway on both sides and thirty-six (36') foot permanent paving. c. Balance of Calle Delgado Street shall be dedicated as a public street and improved as a forty (40') foot right-of-way with a twenty-six (26') foot travelway and improved as follows: paving. (1) Twenty-six (26') feet of permanent (2) Five (5') foot concrete sidewalk contiguous to the curb within a twelve (12') foot parkway on one side. (3) Two (2') foot concrete sidewalk contiguous to the curb and property line on the other side. (4) To be clearly marked and maintained as a one-way street 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". (5) Entrance should be posted "Slow - Children at Play". d. No access, other than Calle Delgado Street, shall be 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". e. All street improvem mts, including curbs, gutters, sidewalks, driveways, cross gutters, shall be installed in accordance with the standards of the City of National City and as approved by the City Engineer. f. Street signs - number, size, type and lo- cation to be 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 com- plete 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 instal- lation 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 Resolu- tion 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 be ready for occupancy. Said construction shall be completed approximately eighteen (18) months from after occupancy. 6. On -street and off-street parking. a. An attached enclosed garage shall be constructed simultaneously with each dwelling unit. Said garage shall maintain a ten (10') foot by twenty (20') foot area for automobile storage. Said garage shall be 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 be installed and maintained within Lot 26. Said off-street parking shall be installed and maintained providing a nine (9) foot by twenty (20') foot area for each automobile. Said automobile parking spaces shall be surfaced with no less than two (2") inches of A. C. Pavement, or its equivalent. Bum- per guards shall be installed between the off-street parking and the lawn area. No parking shall be permitted within the lawn area of the park. c. Calle Delgado Street shall be marked to provide for on -street parking, as approved by the City Engineer. d. All garages opening upon a dedicated street shall maintain twenty (20') feet 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 fron yard setback. 7. Underground Utilities. a. All proposed electrical, telephone and similar distribution utility facilities shall be 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 be of an ornamental design and shall be wired for underground service. Ornamental street lights shall be installed on Euclid Ave- nue and Calle Delgado Street and shall be wired for under- ground service. Developer and/or property owner shall work with the San Diego Gas and Electric Company on the ins- tallation 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 firm 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 facilities within the proposed development and within the extension of exist- ing facilities shall be installed in conformance with speci- fications of the City Engineer. f. Television and/or radio reception shall be provided by concealed antennas or by an underground or other concealed cable and one central antenna. Any tele- vision and/or radio cable installed shall be placed under- ground. 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 Development Permit No. 22". Said Fire hydrants shall be supplied by an eight (8") inch water main adequate to provide a minimum of 750 gallons per minute. b. Access to Lot 26 shall be provided and maintained at all times to the Fire and Police Departments of the City of National City to facilitate fire orother emer- gency 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 sidewalk area and driveway shall be planted and maintained with ivy, grass orother ground covering. c. One tree -type, size and specie to be ap- proved 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 main- tained within the rear yard of all lots abutting Euclid Avenue. f. Lot 26 shall be landscaped as shown on the plans on file in the Planning Department under "Planned Development Permit No. 22". 10. Maintenance. a. All landscaping, trees and planting, in- cluding that required on the slopes and within Lot 26, 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 consti- tute 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 orother 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 be 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 all 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 main- tained free of broken glass, loose shingles, crumbling stones or brick, excessive peeling of paint or other condi- tion reflective of deterioration or inadequate maintenance to the end that the property itself may be 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 appli- cant 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. Grand 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 dded 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 Con- sisting of at least five (5) persons who shall be property owners within the development. (2) No building shall be erected, placed, altered on any lot until the construction plans and specifica- tions, 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 owner to comply with the written directive or order from the 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 chargedto the owner in question and may be recovered by the Review Board in an action at law against such individual owner. (4) No dwelling without the written appro- val of the Review Board shall be more than two stories in height. (5) In the event a dispute occurs between an owner and an adjoining owner over the application of res- trictions, the same shall be submitted to the Review Board which Board shall act as an arbitrating tribunal. (6) Declaration of Restrictions shall carry with it the obligation to comply individually and col- lectively 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. Bach 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 street shown on the subdivision map of Delgado Terrace, to be known as Calle Delgado Street, is not maintained as a public street and in the future is vacated, the grantors, heirs, personal representatives, suc- cessors and assigns of the grantors shall maintain said street in the same manner as they are to maintain Lot 26. b. All grant deed shall make reference to the existence 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 concern- ing 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 earth- quake. d. Declaration of Restrictions shall require the Grantor to maintain the common areas until eighty (80%) percent of the lots have been sold at which time the Review Board after the Grantor has given written notice of the sale of eighty (80%) percent of lots, shall assume said responsi- bility. e. Grant Deed and Declaration of Restrictions shall provide that all residential development, sale, altera- tions, remodeling, repair shall be subject to Residential Planned Unit Development Permit No. 22, 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 Restri- ctions shall be submitted for approval of the City Attorney prior to the approval of the Residential Planned Unit Develop- ment Permit or the Tentative Subdivision Map by the City Council of the City of National City. 12. Developer shall construct all residential units within the Delgado Terrace in accordance with the plans and renderings submitted with applicant's application in ob- taining 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, 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 Subdivision Map for Delgado Terrace shall be subject to all the conditions and restrictions contained within Residential Planned Unit Development Permit No. 22, the original of which is on file in the Office of the City Clerk of the City of National City. 17. In the event that the City Council of the City of National City at any time finds and determines that the above conditions and restrictions as set forth have not and are not satisfied, it may declare this Residential Planned Unit De- velopment Permit null and void and of no further effect. Per- mitting the development to continue operation after the City Council declares said Residential Planned Unit Permit null and void and of no further effect, shall constitute prima facia evidence of a violation of the Zoning Ordinance of the City of National City. 18. In the event of any ambiguity in subject Residential Planned Unit Development Permit or in the plans as submitted by the applicant arising by virtue of later unanticipated events, the Planning Commission and City Coun- cil of the City of National City shall have authority to review this permit and to modify, clarify, or expand the terms thereof. By commencing work under this permit, the applicant consents to the continuing jurisdiction of the Planning Commission and City Council of the City of National City to review his plans and project.