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HomeMy WebLinkAboutReso 12-2000, S-2000-1, CUP-2000-10, Z-2000-2RESOLUTION NO. 12-2000 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NATIONAL CITY, CALIFORNIA, RECOMMENDING APPROVAL OF A TENTATIVE SUBDIVISION MAP TO DIVIDE ONE VACANT LOT INTO SIX AND APPROVING A CONDITIONAL USE PERMIT TO ALLOW SIX LIVE/WORK RESIDENCES AND A VARIANCE TO ALLOW TANDEM PARKING AND A REDUCTION IN MINIMUM LOT SIZE AND MINIMUM LOT WIDTH AT THE NORTHEAST CORNER OF 9TH STREET AND A AVENUE. APPLICANT: WAKELAND HOUSING AND DEVELOPMENT CORPORATION. CASE FILE NOS. S-2000-1, CUP-2000-10, Z-2000-2 WHEREAS, application was made for approval of a tentative subdivision map to divide one vacant lot into six with a conditional use permit to allow six live/work residences and a variance to allow tandem parking and a reduction in minimum lot size and minimum lot width at the northeast corner of 9t' Street and A Avenue on property generally described as: Lots 7 to 10 inclusive, Block 2 in W.C. Kimball's Subdivision of 10 acre Lot 1 of Quarter Section 154 of Rancho De La Nacion, in the City of National City, County of San Diego, State of California, according to Map thereof No. 105, filed in the Office of the County Recorder of San Diego County, March 10, 1887. WHEREAS, the Planning Commission of the City of National City, California, considered said applications at a duly advertised public hearing held on June 19, at which time the Planning Commission considered oral and documentary evidence; and, WHEREAS, at said public hearing the Planning Commission considered the staff report contained in Case File Nos. S-2000-1, CUP-2000-10, Z-2000-2 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 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 Planning Commission of the City of National City, California, that the testimony and evidence introduced in the staff report and public hearing for said tentative subdivision map, conditional use permit and variance, support the following findings: RECOMMENDED FINDINGS FOR APPROVAL OF THE TENTATIVE SUBDIVISION MAP 1. The proposed map is consistent with the National City General Plan, since the map provides for the development of six single-family homes with space for in -home businesses in the General Commercial zone, where mixed use projects are permitted; and since the General Plan encourages the opportunities for home ownership which will be created by the project. 2. The site is physically suitable for the proposed density of development, since the 11,560 square foot lot is virtually flat and can accommodate building pads and yard areas for 1,600 square -foot homes, and since the site is surrounded by residential and commercial development similar to the proposed use. 3. The site is physically suitable for the proposed type of development, since similar housing types such as Brick Row and apartments are located nearby. 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, since no the project is located on a disturbed site in the center of a downtown area and no unique environmental resources exist on the site. 5. The design of the subdivision and the proposed/required improvements are not likely to cause serious public health problems, since all necessary public services will be provided. 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, since there will be no alterations or improvements on existing easements crossing the proposed parcels. 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. 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. 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. RECOMMENDED FINDINGS FOR APPROVAL OF THE CONDITIONAL USE PERMIT 1. That the site for the proposed use is adequate in size and shape, since the project site is located in a relatively dense and compact urbanized downtown area where projects of similar density and scale are located. 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 the project will have direct access to existing streets and proximity to highways, and since the project density, home -business option, and location near commercial uses will encourage decreased dependence on vehicular travel. 3. That the proposed use will not have an adverse effect upon adjacent or abutting properties, since the proposed live/work project is compatible with existing residential and commercial uses nearby. 4. That the proposed use is deemed essential and desirable to the public convenience and welfare, since the proposed use provides quality housing that will complement the adjacent Heritage Square neighborhood and may serve as a catalyst for new development or rehabilitation in an older area of the City. RECOMMENDED FINDINGS FOR APPROVAL OF THE ZONE VARIANCE 1. That because of special circumstances applicable to the property, including size, location and surroundings, the strict application of Title 18 of the Municipal Code (Zoning) deprives such property of privileges enjoyed by other property in the vicinity and under the identical zone classification, since the property is adjacent to historic homes and other structures built prior to existing zoning laws. 2. That the requested variance is subject to such conditions which will assure that the adjustment authorized will not constitute a grant of special privileges inconsistent with the limitation upon other properties in the vicinity and zone in which such property is situated, since the design will be compatible with Design Guidelines and conditions will ensure that the commercial component of the project is compatible with the surrounding neighborhood, and since the variances regarding lot width, lot size, and tandem parking, are needed to achieve home ownership opportunities similar to others in the area at the allowable density under the Zoning Ordinance and General Plan. 3. That the variance does not authorize a use or activity which is not otherwise expressly authorized by the zoning regulations governing the parcel of property, since mixed use development is a permitted use in the CG (General Commercial) zone with the issuance of a Conditional Use Permit. BE IT FURTHER RESOLVED that based on the findings hereinbefore stated, said tentative subdivision map for division of to divide one vacant lot into six with a conditional use permit to allow six live/work residences and a variance to allow tandem parking and a reduction in minimum lot size and minimum lot width at the northeast corner of 9" Street and A Avenue is hereby approved subject to the following conditions: 1. Plans must comply with the 1998 editions of the California Building Code, Mechanical Code, Plumbing Code, and Electrical Code, and the California Title 24 energy and handicapped regulations. 2. A drainage plan shall be submitted for review and approval by the City Engineer showing all of the proposed and existing on- and off -site improvements. The plan shall be prepared in accordance with the City's standard requirements by a Registered Civil Engineer. In particular, the plan shall show the following: finish floor elevations of all buildings, entire site drainage system (including roof drains), finish surface elevations (all areas), and adjacent alley elevations. 3. A separate street improvement plan shall be submitted, prepared by a Registered Civil Engineer, showing all of the existing and proposed improvements. The plans shall be in accordance with the City requirements, and shall show the following: the reconstruction of the curbing on 9" Street. This will involve the removal of the existing curb in its entirety and replacement with 6" type "G" curb and gutter and the complete removal and replacement of sidewalk along each property frontage. The work will also require performing the necessary street pavement repairs adjacent to the new gutter, alley apron, and alley consisting of any combination of removal/replacement and/or overlays to insure a uniform and smooth finish pavement. The plan shall show profiles of the new curb and flow line, including the driveway curb openings. The plan shall also show proposed sidewalk and curb gutter elevations on both streets. The maximum cross slope on the new sidewalk shall be 2%. A checklist for preparation of plans may be obtained from the Engineering Department. 4. All surface run-off, including landscaping adjoining the public right-of-way, shall be collected by approved drainage facilities, and directed to the street by sidewalk underdrains or a curb outlet. Adjacent properties shall be protected from surface run-off resulting from this development. There are a total of three curb drains on A Street. If these are to be utilized with the proposal, they should be shown accordingly on the drainage plan, otherwise, remove them from the public right-of- way. 5. 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, and shall adjust the sprinkler heads so as to prevent overspray upon the public sidewalk or streets. 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, its successors or assigns shall 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. 6. For PVC irrigation lines in the public right-of-way, a metallic identification tape shall be placed between the bottom layer of the finished surfaced and the top of the lines. 7. At a minimum, the off-street parking area shall be 2-inch A.C. over 4-inch Class II aggregate base. The street pavement sections shall be in accordance with National City Standard Drawing G-24 with National City Modifications. 8. A sewer permit and payment of sewer fees will be required. The method of sewage collection and disposal shall be shown on the drainage and street improvement plans. Any sewer lateral in the City right-of-way shall be 6 inches in size with a clean -out, unless approved otherwise. A sewer stamp "S" shall be provided on the curb to mark the location of the lateral. Separate water and sewer laterals shall be provided to each lot. 9. Concrete pavement repair will be required. The work shall be as follows: crack - seal the alley surface, and repair uneven edges along the alley property line. 10. All unused driveways shall be removed and replaced with a full height curb and sidewalk. All driveways both new and existing shall be clearly shown and identified on the plans along with the width, location, and type for the driveways. 11. A permit shall be obtained from the Engineering Department for all improvement work within the public right-of-way and the drainage construction on private property. 12. A cost estimate shall be submitted with the plans. A performance bond equal to the approved cost estimate for all of the proposed grading, drainage, street improvements, and landscaping work 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. 13. A final map is required. The final map/parcel map shall meet all of the requirements of the Subdivision Map Act, and the National City Municipal Codes including certification, acknowledgment, complete boundary information and monumentation. 14. A title report shall be submitted to the Engineering Department with the final map. 15. The developer shall bond for the monumentation, the public improvements and the on -site drainage and landscaping improvements through an agreement with the City prior to the approval of the final map. In lieu of bonding, the developer may elect to complete all work first, prior to map review and approval. 16. All utility distribution facilities within the boundaries of the subdivision, and within the half street abutting the new subdivision, shall be placed underground. It is recommended that the existing power pole abutting the new subdivision in the alleyway be placed underground. 17. The final map shall be recorded prior to issuance of any building permit. 18. All new property line survey monuments shall be set on private property, unless otherwise approved. 19. The developer shall submit an approval letter from Sweetwater Authority stating fire flow requirements have been met. If additional improvements are needed, the developer shall enter into an agreement for the water improvements with the Authority prior to obtaining the final map approval. 20. A detailed landscape and irrigation plan, including plant types, method of planting, etc. shall be submitted for review and approval by the Planning Director. The landscape plan shall reflect the use of drought tolerant planting and water conserving irrigation devices. 21. Except as modified by conditions of approval, development plans shall be submitted for review and approval of the Planning Director in conformance with Exhibit A, case file. No S-2000-1, dated Mar. 29, 2000, and Exhibit A -Revised, case file no. CUP-2000-10/Z-2000-2, dated May 17, 2000. 22. Before the Conditional Use Permit and Variance shall become effective, the applicant and 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 Conditional Use Permit and Variance. The applicant shall also submit evidence to the satisfaction of the Planning 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 23. The Conditional Use Permit and Variance 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. 24. Approval of the tentative map expires two (2) years after adoption of the resolution of approval at 5:00 p.m. unless prior to that date a request for a time extension not exceeding three (3) years has been filed as provided by Section 66452.6 (e) of the California Government Code. 25. Businesses in live/work units shall be limited to office uses. 26. The back-up space for the driveway serving unit #1 shall be modified to provide adequate room for a vehicle to back out of the driveway and then proceed forward toward the main gate at the alley with no more than one backward and one forward motion. 27. An 18-foot minimum driveway width is required at the alley. 28. The developer shall provide a declaration of covenants, conditions and restrictions, running with the land, setting forth privileges and responsibilities, including maintenance and allowable colors of structures and other improvements, including, but not limited to, buildings, fencing and driveways on the property, 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, Planning Director and Executive Director, Community Development Commission. The CC&R's shall grant the City the authority but shall not obligate the City to assume maintenance of the properties and assess the full cost, including overhead costs therefor, as a lien or special tax assessment against the properties if said properties are not adequately maintained. BE IT FURTHER RESOLVED that copies of this Resolution be transmitted forthwith to the applicant and to the City Council. BE IT FINALLY RESOLVED that this Resolution shall become effective and final on the day following the City Council meeting where the Planning Commission resolution is set for review, except and unless in regard to the Conditional Use Permit or Variance an appeal in writing is filed with the City Clerk prior to 5:00 p.m. on the day of that City Council meeting. The City Council may, at that meeting, appeal the decision of the Planning Commission and set the matter for public hearing. CERTIFICATION: This certifies that the Resolution was adopted by the Planning Commission at their meeting of July 17, 2000 by the following vote: AYES: PARRA, BACA, DETZER NAYS: ABSENT: UNGAB, VALDERRAMA, GODSHALK ABSTAIN: MARTINELLI CHAIRMAN