HomeMy WebLinkAboutCC RESO 2019-15REVISED
RESOLUTION NO. 2019 — 15
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY
APPROVING A GENERAL PLAN AMENDMENT AND TENTATIVE
SUBDIVISION MAP FOR THE REZONING OF PROPERTY
LOCATED AT EAST 16T" STREET AND "M" AVENUE FROM
SMALL LOT RESIDENTIAL (RS-2) TO MEDIUM -DENSITY
MULTI -UNIT RESIDENTIAL (RM-1) IN ORDER TO
CONSTRUCT A 29-UNIT RESIDENTIAL DEVELOPMENT
WHEREAS, the City Council of the City of National City considered said
certification at a duly advertised public hearing held on February 5, 2019, at which time the City
Council considered evidence; and
WHEREAS, at said public hearing the City Council considered the staff report
provided for Case File No. 2017-04 GPA S, which is maintained by the City and incorporated
herein by reference, along with any other evidence presented at said hearing; 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 that the evidence presented to the City Council at the public hearing held on
February 5, 2019, support the following findings:
FINDING FOR APPROVAL
OF THE GENERAL PLAN AMENDMENT
1 The proposed development is consistent with General Plan Land Use Policies LU-2.3, LU
4.3, and LU-7.1 because the area is vacant and prime for development. Having a
comprehensive residential project in this area will contribute to the City's housing needs.
The area is not homogenous in nature with regard to residential housing types — there
are single-family residences on larger lots located to the west, with a mix of medium to
higher -density properties to the south across East 16th Street. These lots are developed
with everything from duplexes, to triplexes, to apartments.
FINDINGS FOR APPROVAL
OF THE TENTATIVE SUBDIVISION MAP
1 The proposed map is consistent with the National City General Plan and applicable specific
plans, because the project is in compliance with all required density and zoning
requirements, provides additional home ownership opportunities consistent with the
General Plan and Housing Element, and meets all requirements of the Subdivision
Ordinance (NCMC Title 17), including minimum lot size and dimension. There are no
specific plans in the area.
2. The site is physically suitable for the proposed type of development, because the 1.7-acre
property can accommodate the requested number of units within the limits for density and
lot coverage established by the General Plan and Land Use Code.
Resolution No. 2019 —15
February 5, 2019
Page Two
3. The site is physically suitable for the proposed density of development, because the
proposed multi -family residential development, at a density of 17 units per acre, is Tess than
the 23 units per acre allowed in the Medium -Density Multi -Unit Residential (RM-1) zone,
and the proposed infill development increases the available housing units in the City.
4. The design of the subdivision or the proposed improvements is not likely to cause
substantial environmental damage or substantially and avoidably injure fish or wildlife, or
their habitat, because the property is surrounded by urban development and there are no
bodies of water present on -site. While there is plant habitat on site in the form of native and
non-native grassland, San Diego Ambrosia, and onsite drainage, the Mitigated Negative
Declaration for this project provides for mitigation that will reduce potential impacts to a
level of less than significance.
5. The design of the subdivision and the proposed/required improvements are not likely to
cause serious public health problems, because the property is currently vacant and
surrounded by existing urban development. In addition, the land use and zoning
designations as proposed allow for the density requested, which has been analyzed as part
of the Mitigated Negative Declaration associated with this 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 proposed subdivision, because no such easements exist or would be affected by the
proposed development.
7. The discharge of sewerage waste from the subdivision 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, because the project is
required to install sewerage systems that meet current requirements for sewage disposal
by the Conditions of Approval of this permit.
8. 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, the project will
provide twenty-nine new homeownership opportunities, which is consistent with and
encouraged by the City's Housing Element.
9. 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, because the
landscape plan submitted as part of the proposal provides in excess of the required
common open space area for such developments. All new construction proposed will be in
compliance with the California Building Code, which takes such factors in to consideration.
Resolution No. 2019 — 15
February 5, 2019
Page Three
BE IT FURTHER RESOLVED that the application for Tentative Subdivision Map is
approved subject to the following conditions:
General
1. This Tentative Subdivision Map authorizes a 29-unit residential condominium project
located northwest of the intersection of East 16th Street and the former "M" Avenue right-of-
way. Except as required by conditions of approval, all plans submitted for permits
associated with the project shall conform to Exhibits "A" and "B", Case File No. 2017-04
GPA, ZC, S, IS, dated 6/18/2018).
2. The General Plan Amendment, Zone Change, and Tentative Subdivision Map shall not
become effective until the Mitigated Negative Declaration associated with the project has
been certified and the Notice of Determination filed.
3. This Tentative Subdivision Map shall not become effective until the General Plan
Amendment and Zone Change have been approved.
4. Before the General Plan Amendment, Zone Change, and Tentative Subdivision Map shall
become effective, the applicant, and/or the property owner both shall sign and have
notarized an Acceptance Form, provided by the Planning Department, 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 General Plan Amendment, Zone Change, and Tentative
Subdivision Map. The applicant shall also submit evidence to the satisfaction of the
Planning Department 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
General Plan Amendment, Zone Change, 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 City Manager or assign
prior to recordation.
5. 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 for the San Diego County Clerk. Checks shall be made payable
to the County Clerk. The current fee to record the Notice of Determination for a Mitigated
Negative Declaration is $2,280.25, but may be subject to change.
6. Approval of the Tentative Subdivision Map expires two (2) years after adoption of the
resolution of approval at 6:00 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.
Building
7. Plans submitted for improvements must comply with the current editions of the California
Building, Electrical, Plumbing, Mechanical, and Fire Codes.
Resolution No. 2019 — 15
February 5, 2019
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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
Engineering Department requirements.
9. 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.
10. 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.
11. 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.
12. The property owner, or its successors and assigns shall be responsible for the
maintenance, repair, or reconstruction of all irrigation and landscaping improvements
installed within the public right-of-way. Sprinkler heads shall be adjusted so as to
prevent overspray upon the public sidewalk or the street. The proposed sprinkler heads
shall be installed behind the sidewalk, and the irrigation mainline upon private property
only, as required by the City. The property owner or, its successors or assigns, shall be
remove and relocate all irrigation items from the public right-of-way at no cost to the City,
and within a reasonable time frame upon a written notification by the City Engineer.
13. Metallic identification tape shall be placed between the bottom layer of the finished
surface and the top of all irrigation lines in the public right-of-way.
14. 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
Resolution No. 2019 —15
February 5, 2019
Page Five
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 check list for preparation of the grading
plan/drainage plan is available at the Engineering Department.
15. All existing and proposed curb inlet on property shall be provided with a "No Dumping"
signage in accordance with the NPDES program.
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. Separate street and sewer plans prepared by Registered Civil Engineer, shall be
submitted showing all of the existing and proposed improvements. The plans shall be in
accordance with City requirements.
18. A soils engineering report shall be submitted for the Engineering Department's review,
after Planning Commission approval. The report shall address the stability of all of the
existing and proposed slopes on the property. It shall also address the adequacy of the
building pads, the criteria for any new retaining wall design, the maximum allowable soil
bearing pressure and the required pavement structural sections for the proposed streets,
the parking areas, and the driveways. 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 Department
requirements.
19. The deteriorated portions of the existing street improvements along the property
frontages shall be removed and replaced.
20. The existing street improvements along the property frontage(s) shall be kept free from
weed growth by the use of special weed killers, or other approved methods.
21. All existing survey monuments, including any benchmark, within the boundaries of the
project shall be shown on the plans. If disturbed, a licensed land surveyor or civil
engineer shall restore them after completion of the work. A Corner Record shall be filed
with the County of San Diego Recorder. A copy of the documents filed shall be given to
the City of National City Engineering Department as soon as filed.
22. 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.
Resolution No. 2019 — 15
February 5, 2019
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23. Street improvements shall be in accordance with the City Standards. All missing street
improvements shall be constructed. Abandoned driveway aprons shall be replaced with
curb, gutter, and sidewalks.
24. A title report shall be submitted to the Engineering Department, after the City Council
approval, for review of all existing easements and the ownership at the property.
25. All new dwellings are subject to a Transportation Development Impact Fee. This
includes new homes, condos, and apartments. The current fee is $2,484 and typically
increases by approximately 2% per fiscal year (July 1 to June 30).
26. All electrical, telephone and similar distribution service wires for the new structure(s)
shall be placed underground.
27. 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.
28. A hydromodification plan or a letter sealed and signed by the Engineer of Work
explaining why the project is exempt from hydromodification requirements shall be
submitted.
29. The final parcel map shall meet all of the requirements of the Subdivision Map Act, and
the City of National City Municipal Codes including certification, acknowledgement,
complete boundary information, and monumentation.
30. 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.
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. SUSMP documentation, as necessary, must be submitted and approved.
33. The final map shall be recorded prior to issuance of any building permit.
34. All new property line survey monuments shall be set on private property, unless
otherwise approved.
35. The parcel map/final map shall use the California Coordinate System for its "Basis of
Bearings" and express all measured and calculated bearings in terms of the system.
Resolution No. 2019 —15
February 5, 2019
Page Seven
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.
36. A formal Stopping Sight Distance evaluation for the project driveway shall be performed by
a registered civil or traffic engineer consistent with American Association of State Highway
and Transportation Officials (AASHTO) standards. Based on the results of the evaluation,
the engineer shall provide recommendations for ingress / egress and access control to the
satisfaction of the City Engineer. The owner will be required to pay for the full cost of
constructing improvements that may be required as a result of the evaluation, including all
costs associated with obtaining permits, plan reviews and site inspections. Plans submitted
for improvements must comply with the current editions of the California Fire Code (CFC)
and National Fire Protection Association (NFPA), and the current edition of the California
Code of Regulations at the time of plan submittal.
Fire
37. Fire apparatus access roads shall comply with the requirements of this section (CFC
2016 Edition - Section 503.1.1) and shall extend to within 150 feet of all portions of the
facility and all portions of the exterior walls of the first story of the building as measured
by an approved route around the exterior of the building. Dead-end fire apparatus
access roads in excess of 150 feet in length shall be provided with an approved area for
turning around fire apparatus. This comment shall apply to new residential structures.
38. 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 14 feet high and shall have an all-weather road with the ability to
support 75 thousand pounds or greater. Where a fire hydrant is located on a fire
apparatus road, the minimum road width shall be 26 feet. A 28 foot turning radius is
required for fire department access through site. All fire department access roads shall
be painted and signed to prevent parking in these required designated emergency
areas.
39. Buildings or portions of buildings or facilities exceeding 30 feet in height above the
lowest level of fire department vehicle access shall be provided with approved fire
apparatus access roads capable of accommodating fire department aerial apparatus.
Overhead utility and power lines shall not be located within the aerial fire apparatus
access roadway.
40. Fire hydrants that may be located throughout the project as not to have a separation
distance greater than 400 feet. Fire hydrants to be located within 400 feet of all locations
which are roadway accessible (Measurement starts from nearest public fire hydrant to
project).
41. The following items pertain to fire hydrants:
a. Size and location, including size and number of outlets, and whether outlets are
to be equipped with independent gate valves.
Resolution No. 2019 — 15
February 5, 2019
Page Eight
b. Fire hydrant to be of three outlet design.
42. Provide calculation confirming flow availability to meet fire flow demands and supply
large diameter hose (4 inch).
43. Fire hydrants to be marked by use of blue reflective marker in the roadway.
44. Upon submittal for an underground permit, the following shall be included:
• Data sheet for Back -Flows
• Data sheets for Private and Commercial Hydrants
• Data sheets for Post Indicator Valves
Information on required fire hydrants back -flow devices, etc., can be acquired from
Sweetwater Authority. All pipes and their appliances, shall meet industry/code standards
for underground use.
45. Fire Sprinklers will be required for this project.
46. If entrance/exit gates are used, gates shall be equipped with Knox Box and Emergency
Strobes so as to provide emergency vehicle access and egress. A Knox Key Switch
shall be required in conjunction with strobe for emergency access, and shall be placed at
front of property. Please contact the National City Fire Department for exact field
location.
47. Should any plan corrections be required, contractor must correct the plan and re -submit
to the Fire Department for approval once again prior to installation.
Planning
48. Plans submitted for construction shall comply with Land Use Code requirements and
design guidelines related to bulk, facade and roof articulation, scale that is sensitive to
surrounding uses, balconies and porches, adequate disposal facilities, minimum amount of
laundry facilities, and adequate storage space.
49. Plans submitted for construction shall include a landscape and irrigation plan in compliance
with Land Use Code Chapter 18.44 (Landscaping), including Section 18.44.190, related to
water efficient landscape requirements. The landscaping required by this approval shall be
maintained for the life of the project.
50. If any cultural resources are found during grading or construction, work is to stop, and
the lead agency and a qualified archaeologist be consulted to determine the importance
of the find and its appropriate management. In the event of the accidental discovery or
recognition of any human remains during construction, the applicant is required take all
appropriate steps as required by relevant federal, state, and local laws.
Resolution No. 2019 — 15
February 5, 2019
Page Nine
51. All trash enclosures shall be in compliance with Municipal Code Title 7, Section 7.10.080
(Enclosures required), including the use of flame retardant materials.
52. All site and project lighting shall in compliance with Municipal Code Title 18.46 (Outdoor
lighting).
53. The developer shall provide a declaration of covenants, conditions and restrictions, running
with the land, clearly setting forth the privileges and responsibilities, including maintenance,
payment of taxes, etc. involved in the common ownership of parking areas, walks,
buildings, utilities and open spaces prior to approval of the final map. Said CC&R's shall be
subject to approval as to content and form by the City Attorney. The CC&R's shall allow the
City the authority but not the obligation to assume maintenance of the property and assess
the full cost including overhead costs therefore as a lien against the property if said property
is not adequately maintained per the agreement. The CC&R's shall include a
determination that the funds provided by the maintenance provisions will be sufficient to
cover all contemplated costs.
54. A corporation, association, property owners' group, or similar entity shall be formed with the
right to assess all the properties which are jointly owned with interests in the common areas
and facilities in the entire development to meet the expenses of such entity, and with
authority to control, and the duty to maintain, all of said mutually available features of the
development. Such entity shall operate under recorded conditions, covenants, and
restrictions approved by the City Attorney as to form and content, which shall include
compulsory membership of all owners and flexibility of assessments to meet changing
costs of maintenance, repairs and services.
55. Impacts to native and non-native grasslands shall be mitigated off site. Impacts to native
grasslands (e.g., grasslands having at least 10% native cover) shall be mitigated at a
minimum of 2: 1 and non-native grasslands be mitigated at a 1: 1 ratio.
56. There is a patch of several hundred specimens of San Diego Ambrosia (Ambrosia
pumila) located at the northern end of the property. This is a high -profile sensitive
species. Project conditions require mitigation in the form of salvage and
transplantation. Approval of a translocation plan is required prior to initiating ground
disturbing activities. The translocation plan should specify: 1) the methods used for
translocation (e.g., timing of translocation, seed collection, soil retention, etc.); 2) the
location and suitability of the receptor site; 3) a long-term management plan for the
receptor site; and 4) a long-term funding mechanism. The translocation receptor site
should have long-term conservation value, be contiguous with other large, conserved
tracts of land, and be managed and protected in perpetuity. The translocation plan
should be submitted for review and approval by the Department of Fish & Wildlife prior
to the onset of project impacts.
57. The onsite drainage is considered as Freshwater Emergent Wetland, which qualifies
as jurisdictional wetlands/waters. State and federal permitting to allow this drainage to
be impacted will be required by the US Army Corps of Engineers, San Diego Regional
Water Quality Control Board, and California Department of Fish and Wildlife. All
required permits or related authorizations for the project related to impacting
Resolution No. 2019 — 15
February 5, 2019
Page Ten
wetlands/waters are a condition of project approval and will need to be secured prior to
any development activities taking place.
58. The landscape design and planting palette shall use native plants to the greatest
extent feasible in landscaped areas. The Project applicant shall not plant, seed, or
otherwise introduce invasive exotic plant species to landscaped areas adjacent and/or
near native habitat areas. Exotic plant species not to be used include those species
listed on the California Invasive Plant Council's (Cal-IPC) Invasive Plant Inventory. This
list includes (but is not limited to) the following: pepper trees, pampas grass, fountain
grass, ice plant, myoporum, black locust, capeweed, tree of heaven, periwinkle, sweet
alyssum, English ivy, French broom, Scotch broom, and Spanish broom.
59. In order to prevent potential impacts regarding the spread of invasive species during
vegetation clearing activities, prior to any such work being undertaken all new
equipment introduced to the project area shall be cleaned, and all equipment shall be
maintained daily. Additional techniques for minimizing the spread of invasive plant
species during construction activities can be found at https://www.cal ipc.org/solutions/
prevention/.
60. The landscape plan submitted with construction documents shall include preservation
and/or replanting of the existing specimens of San Diego Ambrosia, to the extent
possible based on comments from the Department of Fish and Wildlife.
Sweetwater Authority
61. Water service must be provided from an Authority owned water main located within the
public right-of-way or an Authority owned easement. Following vacation of the
undeveloped portion of "M" Avenue, all water to serve the site shall be required to be
obtained from an existing 16-inch PVC water main located within the right-of-way on
East 16th Street.
62. The Final Map shall be submitted to the Authority for its review and comments prior to
recordation.
BE IT FURTHER RESOLVED that the City Council hereby approves a General
Plan Amendment and Tentative Subdivision Map for the rezoning of property located at East
16th Street and "M" Avenue from Small Lot Residential (RS-2) to Medium -Density Multi -Unit
Residential (RM-1) in order to construct a 29-unit residential development.
BE IT FURTHER RESOLVED that this Resolution amending the General Plan
and Tentative Subdivision Map for the rezoning of property located at East 16th and "M" Avenue
shall take effect thirty (30) days after its passage.
[Signature Page to Follow]
Resolution No. 2019 — 15
February 5, 2019
Page Eleven
PASSED and ADOPTED this 5th day of Febru
Alejandra
ATTEST:
// il):')
R. Dalla it
Michael
y Clerk
APPROVED AS TO FORM:
or -es
ttorney
ayor
Passed and adopted by the Council of the City of National City, California, on
February 5, 2019 by the following vote, to -wit:
Ayes: Councilmembers Morrison, Rios, Sotelo-Solis.
Nays: Cano.
Absent: None.
Abstain: None.
AUTHENTICATED BY: ALEJANDRA SOTELO-SOLIS
Mayor of the City of National City, California
/! it
C erk of City �V
City the of ational City, California
By:
Deputy
I HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of
RESOLUTION NO. 2019-15 of the City of National City, California, passed and adopted
by the Council of said City on February 5, 2019.
City Clerk of the City of National City, California
By:
Deputy