HomeMy WebLinkAboutCC Reso(Page 1 of 11)
Revised pursuant to City Council
RESOLUTION NO. 2006 — 265
OF THE CITY OF NATIONAL CITY
APPROVING TENTATIVE SUBDIVISION MAP
FOR PARK LOFTS CONDOMINIUMS
LOCATION: 1509, 1531, 1535 NATIONAL CITY BOULEVARD
AND 49 EAST 16TH STREET
APPLICANT: PARADISE CREEK HOLDING CORPORATION
CASE FILE NO. S-2006-15
WHERFA.S,-application was math for approv 1 of
for the Park Lofts Condominiums located at 1509, 1531, 1535 National City Boulevard and 49
East 16th Street within the City of National City on property generally described as:
LOTS 1 THROUGH 20 IN BLOCK 1 IN THE QUARTER SECTION 154 IN
RANCHO DE LA NACION IN TI IL CITY OF NATIONAL CITY, COUNTY OF
SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP NO. 552 IN THE
OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY OF JULY 2,
1888.
WHEREAS, the Planning Commission considered said application at a public
hearing held on November 6, 2006, and by Resolution recommended denial of the application;
and
WHEREAS, the City Council considered said application at a public hearing held
on December 19, 2006, 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. S-2006-15, 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 said Tentative Subdivision Map based on the following findings:
1. The project is consistent with the Downtown Specific Plan for which an Environmental
Impact Report was certified and Mitigation Measures and a Mitigation Monitoring and
Reporting Program were adopted
2. The proposed map is consistent with the General Plan since it is consistent with and
implements the Downtown Specific Plan, which is a further refinement of the goals and
objectives of the General Plan.
3. The site is physically suitable for the proposed type of development since the proposed
project and all required improvements can be provided on site, and the project would
comply with the applicable development standards or has been granted the appropriate
exemptions
(Page 2 of 11)
Action on December 19, 2006
Resolution No. 2006 — 265
December 19, 2006
4. The site is physically suitable for the proposed density of development since the proposed
project and all required improvements can be provided on site, and the project would
comply with the applicable development standards or has been granted the appropriate
exemptions.
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 the site is was previously developed and is located in a completely
urbanized area.
6 The design of the subdivision and the proposed/required improvements are not likely to
cause serious public health problems, since all necessary public services, facilities,
infrastructure, and utilities 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, or such easements will be provided or relocated as required.
8. 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.
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 arc 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.
BE IT FURTHER RESOLVED that the City Council has considered that the
certified Environmental Impact Report for the Downtown Specific Plan serves as adequate
environmental documentation, together with any comments received during the public review
process, and finds on the basis of the whole record that that the project was adequately
considered by the Environmental Impact Report, which reflects the City's independent judgment
and analysis, and hereby authorizes the filing of a Notice of Determination.
BE IT FURTHER RESOLVED that based on the findings hereinbefore stated,
that the City Council approves said Tentative Subdivision Map subject to the following
conditions:
ation Measures. I he [ entative 5udgwISion snap snail De subject to an appucaaie
mitigation measures of the adopted Mitigation Monitoring and Reporting Program of the
certified Environmental Impact Report for the Downtown Specific Plan.
(Page 3 of 11)
pursuant to city
Action on December 19, 2006
Resolution No 2006 — 265
December 19, 2006
Page 3
2. Approved Exhibit. The Tentative Subdivision Map authorizes the subdivision of the subject
property for condominium purposes in conformance with Exhibit (S-2006-15), dated
September 21, 2006, except as modified by the conditions of approval.
3. Consistency Review. The Tentative Subdivision Map shall be consistent with Downtown
dos. i ne appncant snap submit paseo improvement plans ror approval aria sod
install and construct all improvements pursuant to the approved plans prior to occupancy.
The paseo shall be designed to allow ingress and egress of emergency, maintenance, and
service vehicles to the adjacent park . Restroom facilities shall be provided if determined to
be feasible and desirable by the City.
5. Library Parking. The applicant shall submit a parking plan for the adjacent library parking
lot and shall install and construct all improvements pursuant to the approved plans prior to
occupancy. The plans shall include a second driveway approach on National City
Boulevard, and a redesign of the parking layout to create the maximum number of parking
spaces feasible.
6. Landscape Plans. The applicant shall submit landscape and irrigation plans for approval
and shall install and construct all improvements pursuant to the approved plans prior to
occupancy.
7. Lighting Plans. The applicant shall submit lighting plans for approval and shall install and
construct all lighting pursuant to the approved plans prior to occupancy. Lighting shall be
designed to provide adequate illumination for safety, security, identification, and direction as
well as for landmark visibility of the primary buildings and/or significant features of the
project.
8 Si•n Proa am The applicant shall submit a sign program for approval, and all signs shall
be designed and installed pursuant to the approved sign program.
9. Public Art Program. The applicant shall submit a public art program for approval and shall
install, construct, or implement the approved public art program prior to occupancy.
reduction, recycling, conservation, and sustainable design in the project to the maximum
extent feasible.
11. Public Improvements. The applicant shall submit improvement plans for all adjacent public
rights -of -way for approval. The plans shall be consistent with the Downtown Specific Plan,
including the Open Space Framework, the Streetscape Master Plan, and the Design
Guidelines The improvements shall include but not be limited to streets; alleys; curbs and
gutter; sidewalks; medians; parkways; landscape; street lights; street furniture; traffic
control; parking facilities; utilities; water, sewer, and drainage facilities; and other necessary
facilities and infrastructure. The applicant shall install and construct the improvements
pursuant to the approved plans prior to occupancy.
(Page 4 of 11)
esolutron No. 2006 — 265
December 19, 2006
Page 4
* Revised pursuant to City Council
Action on December 19, 2006
12. Enqineerinq Requirements. The applicant shall comply with all engineering requirements,
including the listed requirements.
a) 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
are part of Engineering Department requirements.
b) The Priority Project Applicability checklist for the Standard Urban Storm -water
Mitigation Plan (SUSMP) is required to be completed and submitted to the
Engineering Department If it is determined that the projeciis 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), an approved SUSMP will be required prior
to issuance of an applicable engineering permit. The SUSMP shall be prepared by
a Registered Civil Engineer.
e hest Management rractices s) for the maintenance of the propose
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.
d) All surface run-off shall be collected by approved drainage facilities and directed to
the street by sidewalk underdrains or a curb outlet. Adjacent properties shall be
protected fiom surfdce run-off resulting from this development.
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. The checklists fur preparation of the grading plan,
drainage plan, and Standard Urban Storm Water Mitigation Plan (SUSMP) are
available at the Engineering Department.
f) A National Pollutant Discharge Elimination System (NPDES) permit is required for
discharged of storm water runoff associated with construction activity where
clearing, grading, and excavation results in a land disturbance. A construction
stormwater permit shall be obtained from the Regional Water Quality Control Board.
A copy of the permit shall be given to the City of National City Engineering
Department prior to any work beginning on the project.
(Page 5 of 11)
O. —
December 19, 2006
Page 5
Revised pursuant to City Council
Action on December 19, 2006
g)
A sewer permit will be required. A sewer study shall consider the adequacy of the
Axisting sewer system The sewer study recommendations shall be part of the
Engineering Department Requirements. 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 8-inch in size with a clean out and the installation of a
manhole in the street. A sewer stamp "S" shall be provided on the curb to mark the
location of the lateral A scwer main runs through the alley that shall be addressed
or relocated if building is to be constructed in this location.
h) A soils engineering report shall be submitted for the Engineering Department's
review, after Planning Commission approval. The report shall address the
adequacy of the building pads, the criteria for any new retaining wall design, the
maximum allowable soil bearing pressure. 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
i) The deteriorated portions of existing street improvements (including sidewalks an
j)
curbs) along the property frontages shall be removed and replaced.
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.
k) Street improvements shall be in accordance with City Standards. Abandoned
driveway aprons shall be replaced with curbs, gutters, and sidewalks.
itle report shall be submitted to the Engineering Department, after the Planrtirty
Commission approval, for review of all existing easements and the ownership of the
property.
m) 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.
n) An existing 35-foot wide drainage easement reserved to the City of National City
exists at the south side of the property. No building encroachment will be allowed
within the easement. The easement shall be shown on the grading plans and on
the final map
o) 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.
(Page 6 of 11)
Resolution No. 2006 — 265
December 19, 2006
9
Revised pursuant to City Council
Action on December 19, 2006
p)
The subdivider shall submit an approval letter from Sweetwater Authority stating fire
flow requircmcnts have been met. If additional improvements are needed, the
q)
evetoper sndll enter into an agreement tur ttre water )mprovernents with the
Authority prior to obtaining the Final Map approval.
The developer shall bond for the monumentation, the public improvements and the
on -site grading, drdirrage, Idrndscdping, anct—other improvements through an
agreement with the City prior to the approval of the Final Map.
r) The proposed street and alley vacation at this site shall be approved by the City
council prior to the final map approval. City vehicle access shall be provided to
maintain the park.
s) All utility distribution facilities within the boundaries of the subdivision, and within the
half street abutting the new subdivision, shall be placed underground.
t) The Final Map shall be recorded prior to issuance of any building permit.
u) All new property line survey monuments shall be set on private property, unless
otherwise approved.
v) 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.
13. Public Works Requirements. The applicant shall comply with all public works requirements,
including the listed requirements.
a) The developer shall replace the existing sidewalks aajacent to the project.
b) Sewer facilities — The developer shall agree to obtain occupancy of the project after
the City completes its trunk line upgrade project.
c) The devel_-� opershall replace the existing street trees with a tree palette
commensurate with the building's architecture and adjacent landscaping theme.
d) The developer shall install streetlights along street and paseo frontages.
e) Vine type plants shall be planted to cover the wall along the east project boundary,
and shall be maintained by the project HOA.
14. Fire Department Requirements. The applicant shall comply with all Fire Department
requirements, including the listed requirements
a) Project to be designed, developed and constructed in compliance with the
California Fire Code (CFC) 2001 edition or CFC in effect at time of permit issuance
and the most current National Fire Protection Association (NFPA) Standards as
adopted by the City of National City
(Page 7 of 11)
* Revised pursuant to City Council
Action on December 19, 200£
o ,tion No 2006 265
sol,
"
December 19, 2006
Page 7
b) Automatic fire sprinkler system will be required.
Automatic fire be
c) and manual alarm system with communications system will
required.
d) Class I standpipe system will be required
e) Emergency vehicle access will be required on the north side of the structure.
Roadway to have a minimum width of 20 feet with a minimum vertical clearance of
13 feet, 6 inc-ties. Turnaround be
will required.
f) Clear and easily accessible emergency ingress and egress to and throughout the
facility must be provided and maintained.
15 Building Department Requirements The applicant shall comply with all Building
Department requirements, and plans shall comply with the 2001 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.
16. Police Department Requirements. The applicant shall comply with all Police Department
requirements, including the listed requirements.
a) The project shall comply with the crime free multi -housing criteria and crime
prevention through environmental design standards.
b) The project shall incorporate a camera system for security monitoring purposes of
the common open public spaces and retail areas of this project. Such camera
system should be compatible to operationally integrate with the current Police
Department security camera project scheduled for various areas throughout the
City.
17. National City Transit Requirements. The applicant shall comply with all National City
Transit requirements, including the listed requirements.
a) Evaluate the installation of a new bus stop along National City Boulevard near the
intersection of 14th Street (Library) or other nearby locations with a shelter,
benches, route map and trash containers. This shelter should include an electrical
lighting component and at least two CCTV security cameras with a direct feed to
NCPD.
b) Include this stop (and project) in any evaluation of a Green Car -Community
circulator shuttle operation such as under consideration with Revolution R2
(Constellation Property Group) S-2006-6/DSP-2005-1 and Centro (Constellation
Property Group) S-2006-6/DSP-2005-1.
c) The developer should bear all associated costs to implement any Transit
recommendations.
d) Submit the plans to MTS Planner Mike Daney (mike.daney@sdmts.com) for his
review and comments.
(Page 8 of 11)
* Revised pursuant to City Council
Action on December 19, 2006
Resolution No. 2006 — 265
December 19, 2006
Page 8
18. Covenants, Conditions, and Restrictions. The applicant shall submit a declaration of
covenants, conditions, and restrictions for approval prior to approval of a final subdivision
map. The CC&Rs shall run with the land, clearly setting forth privileges and responsibilities,
including maintenance, involved in the common ownership of buildings, streets, parking
areas, walks, open spaces, recreation areas, utilities, and common areas and facilities.
The CC&Rs shall allow the City of National City the authority but not the obligation to
assume the maintenance of the property and assess the full cost, including overhead costs,
as a lien against the property if said property is not adequately maintained pursuant to the
CC&Rs The CC&Rs shall include a determination that the funds provided by the
maintenance provisions will be sufficient to cover all contemplated costs. The CC&Rs shall
be approved as to form and content by the City Attorney of the City of National City.
19. Property Owners Association. A corporation, association, property owners' group, or
similar entity shall be formed with the right to assess properties that are jointly owned with
interests in the common areas and facilities in the entire development to meet the
common areas and facilities. Such entity shall operate under recorded CC&Rs approved
by the City of National City, which shall include compulsory membership of all property
owners and flexibility of assessments to meet changing costs of maintenance, repairs, and
services.
20. Business Improvement District. Pursuant to the Implementation Program of the Downtown
Specific Plan, the subject property shall be incorporated into the Morgan Square Business
Improvement District and assessed as provided for in the district for purposes for which the
district was formed.
21. Landscape Maintenance District. Pursuant to the Implementation Program of the
Downtown Specific Plan, all properties within the boundaries of the Downtown Specific
Plan shall be incorporated into a landscape maintenance district and assessed as provided
for in the distnct for purposes for which the district was formed
22. Parking District. Pursuant to the Implementation Program of the Downtown Specific Plan,
all properties within the boundaries of the Downtown Specific Plan shall be incorporated
into a parking district and assessed as provided for in the district for purposes for which the
district was formed.
23. Acce tp ance of Conditions. The applicant and property owner shall sign and have notarized
an Acceptance Form acknowledging and accepting all conditions of approval of this permit.
Failure to return the signed and notarized Acceptance Form within 30 days of approval of
this permit shall automatically terminate this permit. The applicant shall record a Notice of
Restriction on Real Property with the San Diego County Recorder. The Notice of
Restriction shall provide that the conditions of approval of this permit are binding on all
present and future interest or estate holders of the property. The Notice of Restriction shall
e approved as to form by tha City Attorney of the City of National City and signed by the
City Manager of the City of National City prior to recordation.
24. Expiration. The approved Tentative Subdivision Map shall expire two years after the
effective date of approval unless prior to that date a request for a time extension not
exceeding three years has been filed as provided by Municipal Code Section 17.04.070.
(Page 9 of 11)
Resolution No. 2006 265
December 19, 2006
Paae 9
* Revised pursuant to City Council
Action on December 19, 2006
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
within which judicial review of this decision may be sought is governed by the provisions of
Code of Civil Procedure Section 1094.6.
PASSED and ADOPTED this 19th day of Decembe 2006.
Ron Morrison, Mayor
ATTEST:
4
Mi hael R. Pal($, City Clerk
APPROVED AS TO FORK
George H. L'iser, III
City Attorney
(Page 10 of 11)
Passed and adopted by the Council of the City of National City, California, on
December 19, 2006, by the following vote, to -wit:
yes Councilmembers Morrison, Natividad, Parra, Ungab, Zarate.
Nays. None.
Absent: None.
Abstain: None.
AUTHENTICATED BY:
RON MORRISON
Mayor of the City of National City, California
City Clerk of the City of t{Iational City, California
By:
Deputy
I HFRFBY CERTIFY that the above and foregoing is a full, true and correct copy of
RESOLUTION NO 2006-265 of the City of N.tt nn.il City, Califcmria, iss-ed and
adopted by the Council of said City on December 19, 2006
City Clerk of the City of National City, California
By:
Deputy
(Page 11 of 11)
City of National City
Office of the City Clerk
1243 National City Blvd., National City, CA 91950-4397
(619)336-4226 (619) 336-4229
April 4, 2007
NOTE TO FILE
y endorsed revised version of RESOLUTION NO. 2006-265, (adopted on
December 19, 2006) was provided to the City Clerk's office on April 4, 2007.
The revised version contains items approved by the City Council at the December 19th
meeting ut noott reflected in the original_versio ..f tL .. R_s_lution