Attachment 1
RESOLUTION NO. 2024-47
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CORONADO, CALIFORNIA APPROVING A TWO-LOT
TENTATIVE PARCEL MAP ADDRESSED AS 400 THIRD
STREET/309 J AVENUE, CORONADO, CALIFORNIA
WHEREAS, the property owner, “JD Properties SD, LLC,” has, per the California Subdivision Map Act and the City of Coronado Subdivision Ordinance, requested City approval for a two-lot Tentative Parcel Map at 400 Third Street/309 J Avenue; and WHEREAS, the Planning Commission of the City of Coronado did, pursuant to Section 66452.2 of the Government Code, hold a public hearing on the Tentative Parcel Map on June 11, 2024, and subsequently adopted a motion, with findings and conditions, recommending approval to the City Council; and
WHEREAS, the City Council of the City of Coronado did, pursuant to Section 66452.2 of the Government Code, hold a public hearing on said subdivision request on July 16, 2023, and said public hearing was duly noticed as required by law and all persons desiring to be heard were heard at said hearing.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Coronado that the proposed Tentative Parcel Map for 400 Third Street/309 J Avenue be approved and that the approval be based upon the following findings:
1. The proposed map is consistent with the Coronado General Plan and Zoning Ordinance in that the proposed residential use and density of development are permitted under the General Plan and Zoning Ordinance requirements;
2. The design and improvement of the proposed subdivision are consistent with the Coronado General Plan and Zoning Ordinance in that the design provides sufficient lot area and street access for proper development, and that each of the two proposed parcels will contain at least 3,500 square feet (Parcel 1 = 3,750 square feet; Parcel 2 =3,750 square feet);
3. The site is physically suitable for the type of development in that the existing parcel of 7,500 square feet can support two parcels in the R-1B Zone;
4. The site is physically suitable for the proposed density of development in that the number of units in the project is within the 12 dwelling units per acre standard specified in the Coronado Zoning Ordinance for the R-1B Zone;
5. The design of the subdivision and the proposed improvements are not likely to cause substantial environmental damage, nor are they likely to substantially and avoidably injure fish or wildlife or their habitat. The project is categorically exempt from environmental review according to the California Environmental Quality Act (CEQA) under Class 32, Section 15332 of the CEQA Guidelines for In-Fill Development because (a) the project is consistent with the applicable general plan designation and all applicable general plan policies as well as with applicable zoning designation and regulations; (b) the proposed development occurs within city limits on a project site of no more than five acres substantially surrounded by urban uses; (c) the project site has no value, as habitat for endangered, rare or threatened species; (d) the approval of the project would not result in any significant effects relating to traffic, noise, air quality, or water quality; and (e) the site can be adequately served by all required utilities and public services;
6. The design of the subdivision and the type of improvements are not likely to cause serious public health problems within the authority of the Health Officer;
7. The design of the subdivision and the type of improvements will not conflict with any easements acquired by the public at large and which are recorded or established by judgment of a court of competent jurisdiction;
8. The Tentative Parcel Map meets all the requirements of the Subdivision Map Act and the Coronado Subdivision Ordinance and was reviewed by the Public Services, Engineering, and Fire departments whose proposed conditions are incorporated below.
BE IT FURTHER RESOLVED that the approval is subject to the following conditions:
Fire Department
1. Owner shall install a NFPA 13 compliant fire sprinkler and alarm system throughout the development in accordance with the National Fire Protection Association and California Fire Code Standards to the satisfaction of the City of Coronado Fire and Community Development departments;
2. Owner shall provide appropriate Fire Department personnel and vehicle access including access to any locked common areas. All gates or other structures or devices that could obstruct fire access roadways or otherwise hinder emergency operations are prohibited unless they meet standards approved by the Fire Department and receive specific plan approval. In addition, provide a Knox Box if there are secured common areas;
3. The location of any Fire Department connection and back flow prevention device (OS&Y valve) shall be approved by the Fire Department and preferably face “J” Avenue. The back flow shall not be blocked or hidden, and it shall be identified to the satisfaction of the City of Coronado Fire Department;
4. Owner shall provide adequate water flow for firefighting based upon the square footage of the buildings and if needed, Owner shall upgrade the fire hydrant within the adjacent public rightsof-way in accordance with the California Fire Code standard to the satisfaction of the City of Coronado Fire Department;
San Diego Gas & Electric (SDG&E)
5. Prior to recordation, the applicant shall work with SDG&E to ensure that the existing gas line can continue to serve all units. The applicant shall call Dig Alert before any ground disturbance. The SDG&E Service Order Team can be reached at 619-230-7800; California American Water
6. The applicant shall provide and install individual water services/meters for each unit.
7. Prior to recordation, the applicant shall receive approval from CAW which demonstrates the water service in an approved location. These locations shall not include the driveway(s).
Public Services & Engineering Department
8. Owner shall maintain a minimum of three feet of clearance between driveways located on public property and any property lines extended, intersection radius, and any obstructions located on public property, e.g., utility poles, fire hydrants, street trees, etc. The relocation of any of these items to obtain the needed clearances shall be the sole responsibility of the Owner, at the Owner’s cost, subject to the review and approval of the City’s Public Services and Engineering Department;
9. Any existing sewer laterals used for new development shall be videotaped, at Owner’s expense, for its entire length to the sewer main to assess its condition and suitability for continued use. The video shall be furnished to the City of Coronado Public Services and Engineering Department in DVD format and, based on its review, repairs or replacement of the sewer line may be required, at the direction of the City of Coronado. Each building requires a separate sewer service lateral connected to the sewer main and the reservation of easements may be required. The owner may have one sewer service lateral connection to serve the development; however, the responsibility of maintenance, replacement, etc. shall be delegated in the development’s Declaration of Covenants, Conditions, and Restrictions (CC&Rs). The CC&Rs shall be submitted to the Public Services and Engineering Department for review prior to the approval of the Final Map;
10. Prior to demolition, any existing sewer laterals shall be capped and staked. Sewer laterals that are not used by the proposed development shall be removed by Owner from the City’s rights-of-way and capped within 24 inches of the sewer main under permit issued by the Public Services and Engineering Department;
11. Owner shall underground all existing and future utilities to this site. Individual lots require separate utility service and utility easements shall be provided between the alley and the street. (Concrete replacement to accommodate the undergrounding of utilities shall be a minimum of 30 inches wide for the length of the repair);
12. Owner shall research and identify the location of existing utilities on the site prior to grading or excavating the site and the Owner shall be responsible to remove any utility location “mark out” indicators or paint;
13. Owner shall install all utilities, which are not possible to underground, such as back flow valves and transformers, on private property and said utilities shall be permanently screened from public view, at the direction of the City of Coronado Community Development Department.
14. Owner shall remove and replace portions damaged during construction of adjacent public sidewalk (with “historic” pattern) and/or curb and gutter in accordance with City standards and the San Diego Regional Standards Drawings (SDRSD) and verify limits of removal at the direction of the City Public Services and Engineering Department;
15. The adjacent public sidewalk shall remain safe, smooth and free of all trip or travel hazards during construction. Owner shall repair any public paving damaged (e.g., sidewalk, curb, gutter, alley, street) during the course of this project at the direction of the City’s Public Services and Engineering Department. All repairs to public property shall be in accordance with City standards and the San Diego Regional Standard Drawings;
16. Owner shall have a California licensed land surveyor install survey monuments at all property corners with locations indicated on the final parcel map and any monuments disturbed during construction shall be replaced by a licensed land surveyor at Owner’s expense;
17. Owner shall assure that the storage of building materials, equipment, or containers (other than for refuse purposes) in the City right-of-way does not occur;
18. Owner shall apply for an encroachment permit from the Public Services and Engineering Department for any amenities proposed for the adjoining public rights-of-way and the Owner shall assume responsibility for costs associated with the construction and maintenance of said amenities;
19. Owner shall obtain a Caltrans Encroachment Permit for the work within the Third Street rightof-way;
20. Owner shall assure that all work performed outside of the private property lines shall conform to the San Diego Regional Standard Drawings and Coronado Special Construction Provisions and prior to construction, a right-of-way permit shall be obtained from the Public Services and Engineering Department;
21. Owner shall comply with the City of Coronado’s policy for proposed construction of subterranean garages/cellars dated June 2, 2005, as warranted by the improvement plan;
22. The City does not typically permit the discharge of groundwater or construction runoff into the storm drain system. Consequently, disposal of groundwater extracted from the site into the City sewer system, if warranted, requires approval and a permit from the City’s Public Services and Engineering Department. The applicant must pay the costs for this operation and make payments of a processing fee charged the City by San Diego’s Metropolitan Waste Water Department;
23. Owner shall maintain on-street parking spaces, parking and traffic markings, and signage adjacent to the subject property except as required to be modified to provide vehicle ingress and egress to the property or for temporary activity during construction as permitted by the City’s Public Services and Engineering Department;
24. Owner shall submit for approval by the City of Coronado a Drainage and Grading Plan in their proposed building permit plans for the purposes of justifying any onsite grading, drainage and improvements;
25. In accordance with Chapter 60.12 of the Coronado Municipal Code, a wastewater capacity fee will be charged prior to building permit issuance for sewer service connections to the sanitary sewer system;
26. Northern Parcel: The Owner shall submit a planting permit to Caltrans for any work within the right-of-way along Third Street, as this area is governed by Caltrans. The City does not maintain any trees along Third Street. The Owner shall either protect, irrigate, maintain or replace the existing street trees within the adjacent street public parkway along J Avenue in accordance with Chapter 52.32 of the Coronado Municipal Code at the direction of the City of Coronado Public Services and Engineering Department. If any existing trees along J Avenue shall be removed, the Owner shall plant a new tree from the City’s approved street tree list and said tree shall be a 24-inch box or bigger. Said trees shall be protected with an expandable collar, no turf shall be permitted within 12 inches of the trunk and all street trees shall be irrigated with bubblers from an independent automatic irrigation system (separate from turf or other landscaping within the parkway);
27. Southern Parcel: The Owner shall provide, plant, protect, irrigate, and maintain within the adjacent public parkway one shade tree from the approved street tree list, at the direction of the City of Coronado Public Services Department. Shade trees shall have a minimum 2-inch diameter trunk (measured 4 feet 6 inches above the root crown), be double staked and tied, and be irrigated by an independent automatic irrigation system. Palm trees shall have a minimum 8-foot brown trunk. Each tree shall be protected with an expandable collar and no turf shall be permitted within 12 inches of the trunk;
28. Owner shall provide an automatic irrigation system to all existing and proposed adjoining public property landscaping with all street trees irrigated with bubblers from an independent automatic irrigation system (separate from turf or other landscaping within the parkway);
29. Owner shall provide an area on private property, accessible by all occupants, for the storage of trash and recyclable materials to the satisfaction of the City of Coronado;
30. During project planning and design, the Owner shall incorporate effective construction and post-construction Best Management Practices and provide all necessary studies and reports as determined by the Public Services and Engineering Department Director demonstrating compliance with the applicable regulations and standards. All project applicants shall complete and submit the City's Storm Water Project Assessment Form (Form I-1 & I-2) to determine the project's construction and post-construction storm water categories. The category determines the requirements for the project. The Storm Water Assessment Form is available at: https://www.coronado.ca.us/DocumentCenter/View/1366/I-1-and-I-2-ProjectAssessment-Form-DOCX and shall be completed and submitted to the City of Coronado with the initial submittal to the City's Building Department counter, attention Public Services & Engineering. The City may require the Owner to execute and record a stormwater maintenance agreement in a form approved by the City Attorney;
31. Prior to approval of any and all demolition, construction, and building permits for the project, Owner shall demonstrate to the satisfaction of the Public Services and Engineering Department Director compliance with all of the applicable provisions of the following and any amendments thereto:
a) The City of Coronado Stormwater and Urban Runoff Management and Discharge Control (Coronado Municipal Code Chapter 61.04).
b) NPDES Municipal Permit No. CAS0109266 (San Diego Regional Water Quality Control Board Order No. R9-2013-0001 or re-issuances thereof).
c) NPDES Construction Permit No. CAS000002 (State Water Resources Control Board Order No. R9-2012-0006 DWQ or re-issuances thereof).
Community Development Department
33. Owner shall comply with all applicable laws;
34. Owner shall reserve 20% of the units within the development “for rental” to persons qualified by the County Housing Authority as meeting Section 8 Rental Assistance requirements or to persons qualifying within very low and low income categories as established annually by the U.S. Department of Housing and Urban Development (HUD), or “for sale” to persons qualifying within moderate income categories as established annually by the U.S. Department of Housing and Urban Development (HUD), or shall pay a fee in lieu thereof of $7,000.00 for every unit within the project, at the option of the subdivider, for the purpose of providing affordable housing assistance in accordance with Chapter 82.21 of the Coronado Municipal Code (CMC);
35. Owner shall assure that any common areas and easements are identified and described on the Final Map;
36. Owner shall assure that no existing or future utility lines be permitted outside of the lot of which they serve unless located within an easement approved by the City of Coronado;
37. Owner shall assure that any easements be identified and described on the Final Map;
38. If the above conditions have not been completed and accepted in accordance with standards established by the City prior to approval of the Final Map, then the subdivider shall enter into a secured agreement with the City for 100% of the estimated cost of constructing the improvements and performing the conditions before the Final Map is approved pursuant to CMC Sections 82.16.060 - 82.16.110. Said agreement shall be prepared and recorded with the County Recorder’s Office. If the above conditions are not completed prior to approval of the Final Map and a secured agreement is approved, all of the above conditions shall be completed to the satisfaction of the City of Coronado prior to any newly constructed dwelling’s building permit being finaled or occupancy permitted;
39. The Applicant shall defend (with counsel acceptable to City), indemnify, and hold harmless the City, its agents, officers, and employees from any and all claims, actions, proceedings, damages, judgments, or costs, including attorney’s fees, against the City or its agents, officers, or employees, relating to the issuance of this permit including, but not limited to, any action to attack, set aside, void, challenge, or annul this development approval and any environmental document or decision. The City will promptly notify the Applicant of any claim, action, or proceeding. The City may elect to conduct its own defense, participate in its own defense, or obtain independent legal counsel in defense of any claim related to this indemnification. In the event of such election, the Applicant shall pay all of the costs related thereto, including without limitation reasonable attorney’s fees and costs. In the event of a disagreement between the City and Applicant regarding litigation issues, the City shall have the authority to control the litigation and make litigation related decisions, including, but not limited to, settlement or other disposition of the matter. However, the Applicant shall not be required to pay or perform any settlement unless such settlement is approved by the Applicant;
40. In accordance with Coronado Municipal Code Section 82.50.130(A) and State Government Code Section 66452.6, the Tentative Map shall expire 24 months after City Council approval.
PASSED AND ADOPTED by the City Council of the City of Coronado, California, this sixteenth day of July, 2024 by the following vote, to wit:
AYES:
NAYS:
ABSTAIN:
ABSENT:
Richard Bailey, Mayor
City of Coronado
Attest:
_________________________________
KELSEA HOLIAN, City Clerk of the
City of Coronado, California