HomeMy WebLinkAboutCC RESO 2019-113RESOLUTION NO. 2019 - 113
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY
APPROVING A TENTATIVE SUBDIVISION MAP FOR THE SUBDIVISION OF ONE
PARCEL INTO FIVE LOTS LOCATED AT PROPERTY LOCATED AT "C" AVENUE
SOUTH OF EAST 27TH STREET AND AN EXCEPTION FOR LESS THAN REQUIRED
STREET FRONTAGE CASE FILE NO. 2019-03 S APN: 562-170-09
WHEREAS, application was made for approval of a Tentative Subdivision Map
for the creation of five new lots to be located at "C" Avenue south of East 27th Street
and generally described as:
The westerly 300 feet of all that portion of the easterly 555 feet of acre lot
5, in quarter section 152, Rancho de la Nacion, in the City of National
City, County of San Diego, State of California, according to map thereof
No. 166, filed in the Office of the County Recorder of San Diego County
on May 11, 1869.
WHEREAS, the City Council of the City of National City, California, considered
said applications at a duly advertised public hearing held on August 6, 2019, and,
WHEREAS, at said public hearing the City Council considered the staff report
provided for Case File No. 2019-03 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, California, that the evidence presented to the City Council at the public
hearing held on August 6, 2019, support the following findings:
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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 proposed single-family subdivision, at a
density of 7.43 units per acre, is consistent with the Low -Medium Density
Residential land use designation, which specifies a maximum density of 9.0 units
per acre. In addition, infill development is encouraged by Land Use Policy 4.3.
There are no specific plans applicable to the site.
2. The site is physically suitable for the proposed type of development because the
new parcels will allow for single-family homes to be constructed on a level building
pads and meet all applicable design standards (e.g. setbacks).
3. The site is physically suitable for the proposed density of development because
the proposed parcels can accommodate single family residences with suitable
yard areas and still meet prescribed recommended density for the area.
4. The design of the subdivision and the proposed improvements are not likely to
cause substantial environmental damage or substantially and avoidably injure fish
or wildlife or their habitat because there is no natural habitat or body of water
present nearby or on -site. The property is mostly surrounded by urban
development.
5. The design of the subdivision and the proposed/required improvements are not
likely to cause serious public health problems because all necessary public
services will be provided, as required by approvals required for new construction.
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 access to sewer, water,
and drainage utilities in the area or across the property will be maintained as
required by all applicable easements.
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
Resolution No. 2019 — 113
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66474.6 because discharge of sewerage waste will be addressed through a sewer
permit, which is required as part of construction of a future home.
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 because the project will provide five 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 all new construction proposed in the future will be in
compliance with the California Building Code, which takes such factors in to
consideration.
10.The proposed project has been reviewed in compliance with CEQA because it is
categorically exempt from environmental review pursuant to Class 32 Section
15332 (In -Fill Development Projects), for which a Notice of Exemption will be
filed subsequent to approval of this Tentative Subdivision Map.
FINDINGS FOR APPROVAL OF THE EXCEPTION
FOR LESS THAN REQUIRED STREET FRONTAGE
1. The property to be divided is of such size and shape that it is impossible or
impracticable in the particular case to conform fully to the subdivision
requirements, more specifically the minimum street frontage requirement because
the property is landlocked and isolated from public streets and is only accessed
from an easement from 'C' Avenue. Therefore, it cannot meet this requirement.
2. The exception will not be detrimental to the public health, safety, or welfare, or
be detrimental to the use of other properties in the vicinity because adequate
access will be provided for all lots from `C' Avenue via the existing easement.
3. Granting of the exception is in accordance with the intent and purposes of this
title, and is consistent with the General Plan and with all applicable specific plans
or other plans of the City because the proposal will create an additional
homeownership opportunities, consistent with Land Use Policy 4.3, which the
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requested exception facilitates. In addition, the property is not located within any
specific plan area.
BE IT FURTHER RESOLVED that the application for the Tentative Subdivision
Map is approved subject to the following conditions:
General
1. This Tentative Subdivision Map authorizes the creation of five new parcels from one
existing parcel. Except as required by Conditions of Approval, all plans submitted for
permits associated with the project shall conform to Exhibit A, case file no. 2019-03 S,
dated 5/13/2019. No construction or demolition is approved as part of this approval.
2. Before this Tentative Subdivision Map shall become effective, the applicant and/or
property owner 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 Tentative Subdivision
Map. The applicant shall also submit evidence to the satisfaction of the City Manager
or assign 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
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.
3. Approval of the tentative 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.
4. 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 and submitted to the National City Planning
Department.
Engineering
5. The Property is in the Federal Flood Plain area. Flood hazard permit shall be
obtained from the Engineering Department. It is the responsibility of the Engineer of
work to determine if a LOMA, LOMR, or A Certificate of Elevation is required and to
process and submit to FEMA for approval.
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6. 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.
7. The Storm Water BMP Requirements Applicability Form 1-1 and if required 1-2
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 Division web site at the
link below *. 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.
*http://www.nationalcityca.gov/city-government/engineering-public-
works/engineering-division/online-services-forms-fees
8. 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.
9. 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.
10.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,
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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.
11.AII existing and proposed curb inlet on property shall be provided with a "No
Dumping" signage in accordance with the NPDES program.
12.A National Pollutant Discharge Elimination System (NPDES) permit is required for
discharges of storm water runoff 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
Department prior to any work beginning on the project.
13.A Notice of Intent (NOI) shall be filed with the Regional Water Quality Control Board
(RWQCB).
14.Industrial facilities shall comply with NPDES regulations. A Storm Water Pollution
Prevention plan shall be prepared and submitted to the Engineering Department for
approval. The facility shall satisfy the sampling and monitoring requirements of the
NPDES regulations.
15.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 a minimum of 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.
16.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. The proposed new sewer main shall be
twelve inches (12"). The invert elevations shall be shown at all connection points to
the proposed manholes and where the sewer crosses the existing storm drain. A
minimum clearance of twelve inches shall be maintained between the proposed
sewer main and the storm drain pipe.
17.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
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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.
18. An existing 10 foot wide sewer easement reserved to the City of National City exists
through lots 1, 2, 3, and 4 and no building encroachment will be allowed within the
easement. The plans propose the relocation of the easement, the proposed new
easement shall be granted to the City and the old easement quick claimed prior to
the approval of the grading plans or the issue of any grading permits.
19.An existing 20 foot wide storm drain easement reserved to the City of National City
exists through Tots 3, 4, and 5 and no building encroachment will be allowed within
the easement. The plans shall show the easement and locations of all proposed
buildings and structures. An encroachment agreement between the owner and the
City shall be required for any portion of a building or structure that encroaches into
the easement.
20.AII 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.
21.The driveway on 'C' Avenue shall be an alley entrance type driveway with
pedestrian ramps.
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.
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.The site plan shall be revised to show the following: The Fire Department
Hammerhead shall provide a minimum of seventy-five (75) feet for vehicle turn
around.
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25.A title report shall be submitted to the Engineering Department, after the Planning
Commission approval, for review of all existing easements and the ownership at the
property.
26. NO PARKING zone(s) (red curbing) shall be provided along the 20 foot driveway
from `C' Avenue to the westerly property line of Lot 2.
27.AII NEW dwellings are subject to a Transportation Development Impact Fee of
$2,405.00. This includes new homes, condos and apartments. Separate traffic
signal plans will be required.
28.AII electrical, telephone and similar distribution service wires for the new structure(s)
shall be placed underground.
29.A cost estimate for all of the proposed grading, drainage, street improvements,
landscaping and retaining wall work shall be submitted with the plans. A
performance bond equal to the approved cost estimate shall be posted. Three
percent (3%) of the estimated cost shall also be deposited with the City as an initial
cost for plan checking and inspection services at the time the plans are submitted.
The deposit is subject to adjustment according to actual worked hours and
consultant services.
30.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.
31.A public access easement for emergency vehicles and public utilities shall be
granted to the City, access gates shall be provided at points where the easements
cross the property lines to allow for service vehicle ingress and egress.
32.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.
33.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.
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34. Separate water and sewer laterals shall be provided to each lot/parcel.
35. 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.
36. The creation of an easement for ingress and egress and for general utilities shall be
required. The easement shall be created on the final map.
37. SUSMP documentation must be submitted and approved.
38.AII utilities distribution facilities within the boundaries of the subdivision, and within
the half street abutting the new subdivision, shall be placed underground.
39.The final map shall be recorded prior to issuance of any building permit.
40.AII new property line survey monuments shall be set on private property, unless
otherwise approved.
41. The 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. 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.
Fire
42. Project shall be designed to code.
43.The National City Fire Department utilizes all current codes and ordinances.
Currently, we are using the 2016 editions of NFPA, CFC and the current edition of
the CCR.
44. Fire alarm and fire sprinkler shall be evaluated and installed for intended use per
code.
45. Fire apparatus access roads shall comply with the requirements of this section
(Section 5 CFC 2013) 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
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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. Proposed hammerhead does not meet CFC
Appendix D length (70 feet).
46.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 weathered
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.
47.The fire code official shall have the authority to require or permit modifications to the
required access widths where they are inadequate for fire rescue operations or
where necessary to meet the public safety objectives of the jurisdiction.
48.The fire code official is authorized to require more than one fire apparatus access
road based on the potential for impairment of a single road by vehicle congestion,
condition of terrain, climatic conditions or other factors that could limit access. (CFC
2016 Edition - Section 503.1.2)
49. Parking shall not impact requirements of turn -around provision or roadway at any
time.
50.Grade of fire apparatus road shall be within the limits established (15% Grade) by
the fire code official based on fire department's apparatus.
51. 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.
52. Every building 4 stories or more 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 stairs and the
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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 1/2 -inch valve outlet for fire department use.
53.Where the roof has a slope less than four units vertical in 12 unit's horizontal, a
hose connection shall be located to serve the roof of at the highest landing of a
stairway with stair access to the roof provided in accordance with the current code.
54. If entrance/exit gates are used, they 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.
55. Fire hydrants that may be located throughout the project as not to have a separation
distance greater than 300 feet. Fire hydrants to be located within 300 feet of all
locations which are roadway accessible. (Measurement starts from nearest public
fire hydrant to project)
56.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.
b) Fire hydrant to be of three outlet design
57. Provide calculation confirming flow availability to meet fire flow demands and supply
large diameter hose (4 inch).
58. Fire hydrants to be marked by use of blue reflective marker in the roadway.
59. 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 pipe and their appliances, shall meet industry/code standards
for underground use
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60.An approved water supply for fire protection, either temporary or permanent, shall
be made available as soon as combustible material arrives on the site.
61. Approved vehicle access for firefighting shall be provided to all construction and
demolition sites. Vehicle access shall be provided to within 100 feet of temporary or
permanent fire department connections. Vehicle access shall be provided by either
temporary or permanent roads, capable of supporting vehicle loading under all
weather conditions. Vehicle access shall be maintained until permanent fire
apparatus access roads are available.
62.Where there is conflict between a general requirement and a specific requirement,
the specific requirement shall be applicable. Where, in a specific case, different
sections of this code specify different materials, methods of construction or other
requirements, the most restrictive shall govern.
63.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
64. Plans submitted for construction shall be conformance with all applicable
development codes, including design, parking, and landscaping.
65. The applicant shall record a maintenance agreement for the maintenance of the
access easement for lots one through five, approved as to form and content by the
City Attorney, and recorded with the County Recorder with the Final Map. The
agreement shall also include reference to maintenance of the existing roadway
easement from "C" Avenue to the subject property
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BE IT FURTHER RESOLVED that this Resolution shall become effective, final,
and conclusive on the day following the City Council meeting where this Resolution is
adopted. The time within which judicial review of this decision may be sought is
governed by the provisions of Code of Civil Procedures Section 1094.6.
PASSED and ADOPTED this 6th day of August, 2019.
Alejandra Sotelo-Solis, Mayor
ATTEST:
Michael R. IIa, City Clerk
APPROVED AS TO FORM:
o ris-Jones
y Attorney
Passed and adopted by the Council of the City of National City, California, on
August 6, 2019 by the following vote, to -wit:
Ayes: Councilmembers Morrison, Quintero, Rios, Sotelo-Solis.
Nays: Cano.
Absent: None.
Abstain: None.
AUTHENTICATED BY: ALEJANDRA SOTELO-SOLIS
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. 2019-113 of the City of National City, California, passed and
adopted by the Council of said City on August 6, 2019.
City Clerk of the City of National City, California
By:
Deputy