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HomeMy WebLinkAboutCC RESO 2010-07RESOLUTION NO. 2010 — 7 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY APPROVING A PLANNED DEVELOPMENT PERMIT, TENTATIVE SUBDIVISION MAP AND NEGATIVE DECLARATION FOR A 72-UNIT CONDOMINIUM COMPLEX LOCATED AT THE SOUTHEAST CORNER OF EAST PLAZA BOULEVARD AND PALM AVENUE APPLICANT: PALM PLAZA ASSOCIATES LLC. CASE FILE NO. 2008-46 S, PD, IS WHEREAS, application was made for approval of a Planned Development Permit, Tentative Subdivision Map, and Negative Declaration for a 72-unit Condominium Complex Located at the southeast corner of East Plaza Boulevard and Palm Avenue, on property known as APN Nos. 557-410-20 & 26 and generally described as: Parcel 3 of Parcel Map No. 13257, in the City of National City, In the County of San Diego, State of California, Filed in the Office of the County Recorder of San Diego County, May 8, 1984 as File No. 84- 170925 of Official Records. WHEREAS, the Planning Commission of the City of National City considered said application at a duly advertised public hearing held on October 5, 2009, and by resolution recommended conditional approval of the application; and WHEREAS, the City Council considered said application at duly advertised public hearings held on November 3, 2009, November 11, 2009, and December 15, 2009, 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. 2008-46 S, PD, IS, which is maintained by the City, and incorporated herein by reference; along with evidence and testimony at said hearing; and WHEREAS, this action is taken pursuant to all applicable procedures required by State and City law; and WHEREAS, the action recited herein is found to be essential for the preservation of public health, safety, and general welfare. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby approves a Planned Development Permit, Tentative Subdivision Map, and Negative Declaration for a 72-unit Condominium Complex on an approximately 2.2-acre site, based on the following findings: FINDINGS FOR APPROVAL OF NEGATIVE DECLARATION 1. That the Negative Declaration (2008-46 IS) has been read and considered together with any comments received during the public review process; and 2. That based on the whole record including the Initial Study, there is no substantial evidence that the project will have a significant effect on the environment, and that the Negative Declaration reflects the City's independent judgment and analysis. Resolution No. 2010 — 7 January 5, 2010 Page 2 FINDINGS FOR APPROVAL OF THE TENTATIVE SUBDIVISION MAP 1. The proposed subdivision will not have a significant effect on the environment, since the site is located within a fully urbanized area, and design elements incorporated into the project will minimize any potential impacts. 2. The proposed map is consistent with the National City General Plan and Housing Element, since the proposed multi -family residential development, at a density of 32.6 units per acre, is less than the 34.8 units per acre allowed in the General Commercial (CG) Zone, and the proposed infill development increases the available housing units in the City. 3. The site is physically suitable for the proposed type of development, since the proposed multi -family residential development will add to the urban character of the area, there are no unusual geologic hazards on -site, and a recent amendment to the applicable Flood Insurance Rate Map (FIRM) for the area has determined that the project site is not within a floodway zone. 4. The site is physically suitable for the proposed density of development since the four-story development will have more than the required open space, adequate site access, and amenities, and the design is consistent with the City's Design Guidelines. 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 there is no natural habitat nor bodies of water on the site, and the site is surrounded by urban development. 6. The design of the subdivision and the proposed/required improvements would not result in impacts to public services since all necessary public services are available and will be provided. 7. The design of the subdivision and the proposed/required improvements will not conflict with easements acquired by the public at large for access through or use of the property within the proposed subdivision since no such easements are located on the site. 8. The discharge of sewerage waste from the subdivision into the 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 since the design and implementation will be consistent with Best Management Practices and City standards. 9. The subdivision has been considered by the Planning Commission with regard to its effect on the housing needs of the region, and these needs are balanced by the public service needs of the residents and available fiscal and environmental resources. 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. Resolution No. 2010 — 7 January 5, 2010 Page 3 FINDINGS FOR APPROVAL OF THE PLANNED DEVELOPMENT PERMIT 1. That the site for the proposed use is adequate in size and shape since the 2.2-acre site can accommodate the development of three 24-unit, four-story condominium buildings with adequate access, parking, common areas, and private open space for each unit. 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 Plaza Boulevard (an arterial street) has sufficient capacity to adequately handle the approximately 432 average daily trips (ADT) generated by the project without a significant decrease in their operating levels of service, and since traffic controls limiting left turns onto Plaza Boulevard will improve circulation at the Plaza Boulevard and Palm Avenue intersection. 3. That the proposed use will not have an adverse effect upon adjacent or abutting properties since the site is surrounded by corridor commercial uses (gas station, hotel, check cashing, and restaurant) and other multi -family residential uses to the south, therefore, the project would not divide an established community. 4. That the proposed use is deemed essential and desirable to the public convenience and welfare since the project will provide new housing stock, ownership, and rental opportunities, and promote the development and use of a currently underutilized property. FINDINGS FOR APPROVAL OF THE EXCEPTION FOR A LESS THAN REQUIRED SIDE YARD SETBACK 1. The exception will not be detrimental to the public health, safety, and welfare, or be detrimental to the use of other properties in the vicinity since the affected setback is adjacent to a gas station whose operations area is more than 80 feet away from the subject property line. 2. Granting of the exception is in accordance with the intent and purposes of Title 17, and is consistent with the General Plan and with all specific plans or other plans of the City since the General Plan encourages the creation of home ownership opportunities, and the reduced setback is consistent with single -story construction standards. FINDINGS FOR APPROVAL OF THE EXCEPTION FOR LESS THAN REQUIRED PARKING 1. The exception will not be detrimental to the public health, safety, and welfare, or be detrimental to the use of other properties in the vicinity since an apartment complex of the same number of units would need less parking, and since the reduction is minor (less than 7% of the required amount of parking). 2. Granting of the exception is in accordance with the intent and purposes of Title 17, and is consistent with the General Plan and with all specific plans or other plans of the City since the General Plan encourages the creation of home ownership opportunities, which the Resolution No. 2010 — 7 January 5, 2010 Page 4 requested exception facilitates, and since the reduction is minor (less than 7% of the required amount of parking). BE IT FURTHER RESOLVED that based on the findings hereinbefore stated, said Planned Development Permit, Tentative Subdivision Map, and Negative Declaration for a 72-unit Condominium Complex Located at the Southeast Corner of East Plaza Blvd. and Palm Avenue is hereby approved subject to the following conditions: General 1. This Conditional Use Permit authorizes a 72-unit condominium development on the property located southeast of the Thrifty gas station located at 1606 East Plaza Boulevard, as shown on the attached plans (Exhibit A -Revised, B-Revised and C, Case File No. 2008- 46 S, PD, IS, dated September 4, 2009). 2. Within four (4) days of 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 City of National City Planning Division. 3. This permit shall become null and void if not exercised within one year after adoption of the Resolution of approval unless extended according to procedures specified in Section 18.116.190 of the Municipal Code. 4. This permit shall expire if the use authorized by this Resolution is discontinued for a period of 12 months or longer. This permit may also be revoked, pursuant to provisions of the Land Use Code, if discontinued for any lesser period of time. 5. Before this Planned Development Permit and Tentative Subdivision Map 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 Planned Development Permit and Tentative Subdivision Map. The applicant shall also submit evidence to the satisfaction of the Development Services Director that a Notice of Restriction on Real Property is recorded with the County Recorder. The applicant shall pay necessary recording fees to the County. The Notice of Restriction shall provide information that conditions imposed by approval of the Planned Development Permit and Tentative Subdivision Map 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 Development Services Director prior to recordation. Building 6. All plans shall comply with the 2007 editions of the California Building Code, the California Mechanical Code, the California Plumbing Code, the California Electrical Code, and California Title 24 energy and handicapped regulations. Resolution No. 2010 — 7 January 5, 2010 Page 5 7. Television cable companies shall be notified a minimum of 48 hours prior to filling of cable trenches. Engineering 8. 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 the City of National City Engineering Division requirements. 9. The Priority Project Applicability checklist for the National Pollutant Discharge Elimination System (NPDES) is required to be completed and submitted to the City of National City Engineering Division. The checklist will be required when a project site is submitted for review by the City Departments. The checklist is available from the Engineering Division. 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. 10. A Standard Urban Stormwater Management Plan (SUSMP) prepared by a Registered Civil Engineer with appropriate fee shall be submitted for review and approval by the City Engineer prior to issuance of a grading permit. 11. 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. 12. 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. 13. 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 from the Engineering Division. Resolution No. 2010 — 7 January 5, 2010 Page 6 14. A National Pollutant Discharge Elimination System (NPDES) permit is required for discharges of storm water run-off associated with construction greater than 1 acre activity where clearing, grading, and excavation results in a land disturbance. A construction storm water permit shall be obtained from the Regional Water Quality Control Board. A copy of shall be given to the City of National City Engineering Division prior to any work beginning on the project. 15. A Notice of Intent (NOI) shall be filed with the Regional Water Quality Control Board (RWQCB). 16. A sewer permit will be required. The method of sewage collection and disposal shall be shown on the grading/drainage plan. Any new sewer lateral in the city right-of-way shall be 6 inch in size with a clean out. A sewer stamp "S" shall be provided on the curb to mark the location of the lateral. 17. A soils engineering report shall be submitted for review by the Engineering Division, 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 Division requirements. 18. An existing 20 foot wide drainage easement reserved to the City of National City exists on the property, and no building encroachment will be allowed within the easement. The easement shall be shown on the plans. 19. The deteriorated portions of the existing street improvements along the property frontages shall be removed and replaced (on Palm Avenue and Plaza Boulevard). 20. A permit shall be obtained from the Engineering Division for all improvement work within the public right-of-way, and any grading construction on private property. 21. Street improvements shall be in accordance with the City Standards. Abandoned driveway aprons shall be replaced with curb, gutter, and sidewalks. 22. A title report shall be submitted to the Engineering Division for review of all existing easements and the ownership at the property. 23. All new dwellings are subject to a $2,000 Traffic Impact Fee per unit. This includes new homes, condos, and apartments. Separate traffic signal plans will be required. 24. 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 Resolution No. 2010 — 7 January 5, 2010 Page 7 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. 25. The final 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. 26. 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. 27. 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. 28. SUSMP documentation must be submitted and approved. 29. All utility distribution facilities within the boundaries of the subdivision, and within the half street abutting the new subdivision, shall be placed underground. 30. The final map shall be recorded prior to issuance of any building permit. 31. All new property line survey monuments shall be set on private property, unless otherwise approved. 32. 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 systems. 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. 33. Driveway access to Plaza Boulevard. shall be limited to right turns only. City staff will monitor citations and accident history at the project driveway. Should collisions increase as a result of illegal left turns at the project driveway, the property owner and/or homeowners association shall be responsible for installing a physical barrier to prohibit left turns onto Plaza Boulevard. Fire 34. The project shall be in compliance with NFPA 2007, CFC 2007 edition, title 19, and local City of National City Municipal Codes. 35. 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 Resolution No. 2010 — 7 January 5, 2010 Page 8 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. 36. Upon submittal for a building permit, data sheets for back -flows, private and commercial hydrants, and post indicator valves shall be provided. 37. The required width of emergency fire apparatus access roads shall not be obstructed in any manner, including parking of vehicles. All access roads shall be no less than 20 feet wide, no less than 13 feet 6 inches high, and shall have an all weather road with the ability to support 75 thousand pounds or greater. Please contact the "Fire Administration Office" for additional requirements for fire turn -around, etc. 38. Fire hydrants shall be located throughout the project with a separation distance of no greater than 300 feet. Fire hydrants shall be located within 300 feet of all locations which are roadway accessible. (Measurement starts from nearest existing fire hydrant to project). 39. Fire hydrant information shall be provided at building permit review, including size and location, size and number of outlets, and whether outlets are to be equipped with independent gate valves. 40. All fire hydrants shall be of three outlet design (Commercial Hydrant). 41. Provide calculations confirming flow availability to meet fire flow demands and supply a large diameter hose (4-inch). 42. Fire hydrants shall be marked by use of blue reflective marker in the roadway. 43. Exit signs shall be illuminated with green lettering per National City Ordinance. 44. FDC caps shall be Knox FDC Plugs. 45. Entrance/exit gates shall be equipped with Knox Box and Emergency Strobe so as to provide emergency vehicle access and egress in compliance with Municipal Code Chapter 10.47. 46. Fire sprinkler, fire alarm and fire protection systems plans shall be submitted under a separate permit directly to the Fire Department for review and permitting. Fees along with three sets of plans, including all "Cut Sheets and Calculations", shall be included upon submittal. Resolution No. 2010 — 7 January 5, 2010 Page 9 47. During construction, the project shall comply with Chapter 14 of the CFC 2007 edition "Fire Safety during Construction Alteration or Demolition of a Building". 48. Every building four stories or higher shall be provided with not less than one standpipe for use during construction. Such standpipes shall be installed when the progress of construction is not more than 35 feet in height above the lowest level of Fire Department access. Such standpipes shall be provided with Fire Department hose connections at accessible locations adjacent to such useable stair, and the standpipe outlets shall be located adjacent to such useable stairs. Such standpipe systems shall be extended as construction progresses to within one floor of the highest point of construction having secured decking or flooring. On each floor there shall be provided a 2 %-inch valve outlet for Fire Department use. 49. 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 Tess 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. Plannina 50. A corporation, association, property owners' group, or similar entity shall be formed with the right to assess all the properties that 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. 51. The developer shall provide a declaration of covenants, conditions, and restrictions, running with the land, clearly setting for the privileges and responsibilities, including maintenance, payment of taxes, etc., involved in the common ownership of parking areas, walks, buildings, utilities recreational facilities, and open spaces prior to approval of the final map. The CC&Rs shall include a determination that the funds provided by the maintenance provisions will be sufficient to cover all contemplated costs. Resolution No. 2010 — 7 January 5, 2010 Page 10 52. The CC&Rs shall contain a clause that allows the City the right, but not the duty, to enforce the maintenance obligations of the condominium association regarding maintenance of landscape and the external appearance of the common areas, and when required to be installed, on -going maintenance of any storm water treatment facility. The clause shall allow the City to lien the association property and each individual parcel in the event the City elects to perform such. 53. The CC&Rs shall include language to restrict the accumulation of junk pursuant to Chapter 7.12 of the Municipal Code and storage of litter, debris, and rubbish pursuant to Chapter 7.14 of the Municipal Code on exterior walkways, decks, and patios. 54. Prior to recordation of the final map, the applicant shall submit a grant deed, Title Report and/or agreement authorizing control of all property associated with this application. 55. At the time of Building Permit, a handicap -accessible and pedestrian walkway plan shall be submitted indicating accessible and efficient access throughout the property and to adjacent streets and sidewalks. 56. At the time of Building Permit, an exterior lighting plan shall be provided in conformance with National City Land Use Code Section18.60.010. The plans shall also show walkway lighting as well as building and parking lot lighting. 57. All requirements for this project as stated in the letter from Sweetwater Authority, dated October 29, 2008, shall be provided and/or incorporated into building plans. 58. The trash enclosures shall have a stucco exterior that is painted to match the proposed buildings, and shall also have a roof to the satisfaction of the Development Services Director. 59. A landscape and below -grade irrigation plan shall be submitted that reflects the approved landscape concept plan. The plans shall reflect the plant species, number, and plant sizes; the location and detail of playground equipment; directional sign at entrance, all fencing and gates; parking lot and walkway lighting; and enhanced paving. The plans shall be submitted with the building permits for review and approval by the Planning Division. Police 60. If the parking garages and/or pedestrian access to the property are to be gated, a Knox Box shall be installed at each entrance to said garages and entrance in compliance with Municipal Code Chapter 10.47. BE IT FURTHER RESOLVED that copies of this Resolution shall be transmitted forthwith to the applicant; and 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. Resolution No. 2010 — 7 January 5, 2010 Page 11 PASSED and ADOPTED this 15th day of December, 2009. ATTEST: a e. MichaI R. Dalla, City Clerk APPROVED AS TO FORM: At George H. Eiser, III City Attorney on Morrison, Mayor Passed and adopted by the Council of the City of National City, California, on January 5, 2010 by the following vote, to -wit: Ayes: Councilmembers Morrison, Parra, Sotelo-Solis, Van Deventer. Nays: None. Absent: None. Abstain: Councilmember Zarate. AUTHENTICATED BY: RON MORRISON Mayor of the City of National City, California City Clerk of the City of National City, California By: I HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of RESOLUTION NO. 2010-7 of the City of National City, California, passed and adopted by the Council of said City on January 5, 2010. City Clerk of the City of National City, California By: Deputy