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FUTURE AGENDAS
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CITY COUNCIL
HOUSING AUTHORITY AND
SUCCESSOR AGENCY TO THE EL CAJON
REDEVELOPMENT AGENCY
Council Chamber
200 Civic Center Way
El Cajon, CA 92020
Agenda
AUGUST 13, 2024, 7:00 p.m.
Bill Wells, Mayor Graham Mitchell, City Manager
Steve Goble, Councilmember Vince DiMaggio, Assistant City Manager Gary Kendrick, Councilmember Morgan Foley, City Attorney Michelle Metschel, Councilmember Angela Cortez, City Clerk Phil Ortiz, Deputy Mayor
CALL TO ORDER: Mayor Bill Wells
ROLL CALL: City Clerk Angela Cortez
PLEDGE OF ALLEGIANCE TO THE FLAG AND MOMENT OF SILENCE
AGENDA CHANGES:
PUBLIC COMMENT:
At this time, any person may address a matter within the jurisdiction of the City Council/Housing Authority/Successor Agency to the El Cajon Redevelopment Agency that is not on the Agenda. Comments relating to items on today’s docket are to be taken at the time the item is heard. State law prohibits discussion or action on items not on the Agenda; however, Council, Authority and Agency Members may briefly respond to statements or questions. An item may be placed on a future Agenda.
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PUBLIC HEARINGS:
100. Lennar Townhomes
RECOMMENDATION:
That the City Council:
OPENS the public hearing and receives testimony;1.
CLOSES the public hearing;2.
Moves to ADOPT the next Resolution, in order, APPROVING the CEQA Determination;
3. Moves to ADOPT the next Resolution, in order, APPROVING Site Development Plan Permit No. 2023-0009, subject to conditions; and
4. Moves to ADOPT the next Resolution, in order, APPROVING Tentative Subdivision Map No. 2023-0011, subject to conditions.
5. 101. Cajon View Five-lot Subdivision
RECOMMENDATION:
That the City Council:
Conducts the public hearing;1.
MOVES to adopt the next Resolution, in order, ADOPTING the Mitigated Negative Declaration; and
2. MOVES to adopt the next Resolutions, in order, APPROVING SP-2023-0003 and TSM-2022-0008, subject to conditions.
3. ADJOURNMENT: The Adjourned Regular Joint Meeting of the El Cajon City Council/El Cajon Housing Authority/Successor Agency to the El Cajon Redevelopment Agency held this 13th day of August 2024, is adjourned to Tuesday, September 10, 2024, at 3:00 p.m.
City Council
Agenda Report
Agenda Item 100.
DATE: 08/13/2024
TO: Honorable Mayor and City Councilmembers
FROM: Noah Alvey, Deputy Director of Community Development SUBJECT: Lennar Townhomes
RECOMMENDATION:
That the City Council:
OPENS the public hearing and receives testimony;1.
CLOSES the public hearing;2.
Moves to ADOPT the next Resolution, in order, APPROVING the CEQA Determination;3.
Moves to ADOPT the next Resolution, in order, APPROVING Site Development Plan Permit No. 2023-0009, subject to conditions; and
4. Moves to ADOPT the next Resolution, in order, APPROVING Tentative Subdivision Map No. 2023-0011, subject to conditions.
5. PROJECT DESCRIPTION:
This project proposes 132 new market rate condominium townhomes for homeownership across a 6.39 net acre site partially developed with commercial buildings on East Main Street between North Mollison Avenue and North First Street. The proposed project requires a Site Development Plan Permit (“SDP”) for the development of 132 residential units and a Tentative Subdivision Map (“TSM”) for a common interest condominium subdivision. The project requests Administrative Relief for proposed reductions to off-street parking rates and drive aisle dimensions, deviations from design standards for upper floor transparency and frontage activation features, and increased building height.
BACKGROUND:
General Plan: General Commercial ("GC")
Specific Plan: None
Zone: General Commercial (“C-G”); Mixed-Use Overlay Zone (“M-U”) Other City Plan(s): N/A
Regional and State Plan(s): N/A
Notable State Law(s): Subdivision Map Act, No Net Loss Law Applicant: Lennar Homes
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Project Site & Constraints
The subject property is a large, nearly square site comprised of two (2) lots totaling 6.39 net acres situated on the north side of East Main Street between North Mollison Avenue and North First Street. The site is primarily in a disturbed, vacant condition though the southeast corner is developed with two small attached commercial buildings totaling approximately 3,000 square feet and an associated parking area. Existing improvements and structures would be demolished with site development. The site generally slopes from the southeast to the northwest away from East Main Street but is otherwise free of known constraints or unusual conditions.
Surrounding Context
The property surrounding the project site are developed and zoned as follows:
Direction Zones Land Uses
North RS-6 El Cajon Valley High School
South (across Main
Street)
C-G; C-N Religious Facility & Community Center – Salvation Army
East C-G; M-U Various Commercial
West C-G;
RS-6
Trailer Park & Multi-family residential
General Plan
The project site is designated General Commercial in the General Plan. The GC land use designation is intended for a variety of general retail commercial and office uses.
With respect to housing, Goal 5 of the General Plan calls for a broad range of housing types to be made available to meet the housing needs of various age and income groups and includes specific objectives related to improving residential neighborhoods, increasing opportunities for homeownership, and removing governmental constraints on housing development in Objectives 5-1, 5-3, and 5-4 respectively.
It is important to note that the subject property is identified in the 2021-2029 Housing Element Residential Sites Inventory. In accordance with State Law, the Residential Sites Inventory identifies and catalogs properties with residential development capacity sufficient to accommodate the City’s housing needs determined by the Regional Housing Needs Assessment ("RHNA"). Consistent with California Government Code section 65863 (“no net loss”) and Housing Element Program 1, the City must evaluate projects on these identified sites and demonstrate that adequate capacity is maintained or identify replacement sites to ensure “no net loss” of residential capacity. Required findings are outlined below and included with the proposed SDP Permit resolution.
Zoning Code/Subdivision Ordinance
The subject property is within the C-G zone, which is consistent with the GC General Plan designation. This zone generally is intended to provide a full range of general commercial uses and may occur in close proximity to residential areas.
I
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Additionally, the property is within the M-U Overlay Zone. This zone is an added layer of opportunity that allows residential and/or mixed-use development in select commercial zones.
The M-U Overlay Zone permits up to 40 dwelling units per acre through a Site Development Plan Permit, where applicable. El Cajon Municipal Code ("ECMC") Chapter 17.65, requires an SDP Permit for the development of four (4) or more residential units which can be approved by the Director of Community Development or elevated to the Planning Commission or City Council for decision.
The subdivision of real property requires a Tentative Subdivision Map in accordance with ECMC Chapter 16.12. The proposed one-lot condominium map will result in the division of airspace for the 132 condominium townhomes. The authority and procedures for the processing of a tentative subdivision map are found in the California Subdivision Map Act, and the City of El Cajon Subdivision Ordinance (ECMC Title 16).
As a common interest multi-family subdivision, the project must also comply with the Common Interest Development standards found in ECMC section 17.125.110, which require the establishment of a Homeowner's Association (“HOA”) and recordation of Covenants, Conditions, and Restrictions (“CC&Rs”) to ensure continued maintenance of all common ownership areas and amenities.
DISCUSSION
Project
The residential community comprises 23 individual townhome buildings, containing between four (4) and eight (8) units apiece. Each unit has a two-car garage. Four (4) of these townhome buildings, containing a total of 18 units, front on East Main Street and include front doors and patio entries enclosed by decorative garden walls oriented toward the public right-of-way. All project units open onto interior sidewalks and street trees are provided along East Main Street and the interior private streets as well.
A decorative project entrance with a 30-foot-wide private driveway near the midpoint of the project frontage provides both vehicle and pedestrian access from East Main Street to a small network of private drives, courts, and pedestrian paths that connect to project residences and common areas. All access ways and turnarounds necessary to provide appropriate Fire Department access in accordance with the California Fire Code are accommodated.
A central recreation area is located between three (3) residential buildings and there are appurtenant drive aisles to the north of the project entry and adjacent visitor parking. The central common recreational area includes a playground, ping pong table, seating area with shade structure and barbecues. Additional common recreational spaces with seating for passive use are grouped at the north end of the project and include two open turf areas and two additional courtyards. All recreational areas include landscaping and trees.
Project grading is anticipated to include approximately 25,000 cubic yards of imported soils to provide adequate elevation to permit gravity flow of the private sewer and storm water systems to receiving public infrastructure. In order to achieve this, large fills are proposed across the rear half of the site with maximum fill heights of nearly eight (8) feet at the northwest corner of the site and with retaining wall heights of seven (7) feet along the northerly property line.
A six (6) foot high split face block wall is proposed between residential buildings along the East Main Street frontage and along the easterly property line separating the community from the adjacent commercial property. Six (6) foot high vinyl fencing is proposed along the westerly and northerly property lines. Vinyl fencing along the westerly property line is setback approximately five (5) feet from site retaining walls to provide a landscape buffer along the westerly project limit.
It is important to note that project drainage systems connect to the public storm drain system on North Mollison Avenue as East Main Street in the project frontage lacks appropriate infrastructure. The proposed drainage system instead collects storm water on both the site and adjacent commercial property to the east and drains it through a proposed 32-inch storm drain pipe to East Mollison Avenue across the El Cajon Valley High School Property. This proposed system also incorporates drainage improvements for the El Cajon Valley High School property.
A condition of approval is included requiring appropriate easements, agreements, and/or instruments to permit the proposed system over separate private property and the high school property.
Design and Architecture
Proposed project buildings are configured in two (2) distinct formats called “Carriage Townhomes” and “Rear Loaded Townhomes”. The Carriage Townhomes include three (3) floor plan types while the Rear Loaded Townhomes feature six (6) plan types as detailed in the table below. It should be noted that two variants modifying living area are provided for both the Carriage Townhomes Plan 3 and the Rear Loaded Townhomes Plan 6 to accommodate building services (power, telecom etc.) and façade articulations. All units include a two-car garage in side-by-side and tandem configurations. Decks with a minimum area of 46 square feet are provided for all units.
Building Format Plan Living Area Garage Count
Carriage
Townhomes
1 2 Bedroom, 2.5 Bath, 1,398 sq. ft. 524 sq. ft. Side-by-side 20 2 2 Bedroom, 2.5 Bath, 1,683 sq. ft. 504 sq. ft. Side-by-side 4 3 3 Bedrooms, 3.5 Bath, 1,807-1,897
sq. ft.
488 sq. ft. Side-by-side 48
Rear Loaded
Townhomes
1 2 Bedroom, 2.5 Bath, 1,206 sq. ft. 496 sq. ft. Side-by-side 7 2 2 Bedroom, 2.5 Bath, 1,284 sq. ft. 496 sq. ft. Side-by-side 7 3 2 Bedroom, 2.5 Bath, 1,329 sq. ft. 606 sq. ft. Tandem 7 4 3 Bedroom, 2.5 Bath, 1,573 sq. ft. 520 sq. ft. Tandem 7 5 3 Bedroom, 2.5 Bath, 1,687 sq. ft. 440 sq. ft. Side-by-side 15 6 4 Bedroom, 3.5 Bath 1,766-1,782 sq.
ft.
462 sq. ft. Side-by-side 17
ECMC Architectural Guidelines outline basic design principles to improve the appearance of buildings in the community, using quality and compatibility with surroundings as primary considerations. Conversely, the M-U Overlay Zone Design Standards use objective criteria to enhance the design and compatibility of projects within the M-U Overlay.
All project buildings are three (3) stories with heights ranging between 36 feet 9 inches and 37 feet 10 inches. Buildings are contemporary in design and incorporate stucco, horizontal siding, and board and batten siding elements. Colors are primarily contemporary whites and grays with muted blue, green, and brown accents, although units facing East Main Street include bright red, blue, or gold front entry doors. Design continuity and visual interest is enhanced across all elevations with additional architectural details such as foam trim banding and windows with decorative sills and trims. Pitched asphalt composite shingle roofs are proposed across project buildings which are generally well articulated with two (2) feet of relief or projection across at least 20 percent of every building face. Carriage Townhomes notably include hipped roofs that slope down toward left and right elevations to reduce overall bulk as these buildings are primarily situated along interior lot lines.
The project is consistent overall with architectural guidelines in ECMC Chapter 17.180. It should be observed, however, that cementitious tile roofing is a historical requirement of Planning Commission and City Council approvals. Consequently, a condition requiring such roofing is in the draft resolution to ensure project buildings improve the long-term appearance of the community. Staff also encouraged the applicant to consider implementing stepped massing uniformly along property lines developed with adjacent residential uses. The applicant instead proposes increased setbacks, a landscape buffer, and hipped roof to reduce the apparent mass of the structure from the mobile home park to the adjacent west.
The objective criteria outlined in the M-U Overlay Zone Design Standards are also generally implemented. Yet, unlike the Architectural Guidelines, these criteria involve no personal or subjective judgment and apply as codified. It is important to note that M-U Overlay Zone Design Standards generally anticipate mixed-use and multi-family apartment buildings consistent with M-U Overlay Zone land use permissions. Of the 11 applicable criteria, the project requests Administrative Relief from the following two (2):
Upper Floor Transparency - Section 17.135.120(E)(2) - Thirty percent (30%) upper story transparency must be provided for Main Street facing building façades and 20% upper story transparency for all other elevations. Rear Loaded Townhome elevations propose between 23 and 24% along East Main Street and between 13 and 29% transparency on private streets. Carriage Unit Townhome units provide between 16% and 39% transparency facing private drives.
Frontage Activation – Section 17.135.120(G)(2) - Building façades fronting a public or private right-of-way must provide at least two activation features, such as arcades, balconies, and awnings, meeting minimum specifications. The East Main Street façades of the Rear Loaded Townhomes are adequately appointed, but all other elevations do not meet required specifications.
Development Standards
Development
Standard M-U Overlay Proposed Project
Lot Requirements No Minimum @ 40 DU/AC One 6.39 net acre Lot with 132 Airspace Units
Setbacks
Front – 10 ft. max
Interior – 0 ft.; 5 ft. at RS-6 zone
portion of westerly lot line,
Rear – 10 ft.
Front – 5 ft.
Interior – 14 ft. min. at westerly lot line,
8 ft. min. at easterly lot line.
Rear – 11 ft. min.
Building Height
45 ft.; 35 ft. within 100 ft. of
RS-6 portion of westerly lot line
zone
37 ft. 10 in. max; 37 ft. 10 in. within 100
ft. of RS-6
Waste Collection Building Interior or Trash
Enclosure Building Interior
29, 700 sq. ft. (225 sq. ft. per
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Open Space and
Recreation Areas
29, 700 sq. ft. (225 sq. ft. per
unit);
4,752 sq. ft. common active
recreational amenity (36 sq. ft.
per unit)
36,982 sq. ft. total;
11,500 sq. ft. common active
recreational amenity
As detailed in the table above, the proposed SDP largely complies with applicable M-U Overlay Zone Development Standards except heights within 100 feet of the RS-6 zone. Administrative Relief is requested as detailed below.
Parking and Circulation
Residential developments in the M-U Overlay Zone must satisfy ECMC Chapter 17.185 parking standards for the Residential, multi-family, high-rise ("RM-HR") zone. Based on RM-HR rates, the total off-street parking requirement is 307 spaces.
The project requests Administrative Relief and proposes 292 off-street parking spaces, including a two-car garage for each unit and an additional 28 off-street spaces. All proposed spaces are of standard dimensions. Consistent with M-U Overlay requirements, proposed spaces are at the project interior clustered around the central recreation area and adjacent private drives. Bicycle racks with capacity for eight bicycles are also provided at the central common recreation area.
Internal project driveways range between 16 feet and 24 feet. With the exception of “PVT. DR.
Aisle ‘L’,” all driveways labeled with “PVT. DR.” in project plans include dimensions of either 16 feet or 20 feet, if necessary to meet California Fire Code Fire Department Access requirements, and to accommodate contiguous sidewalks. Portions of Private Drives F and G are likewise reduced to 20 feet at their ends along interior property lines. These driveway segments are consistent with the RM-HR standard of 16 feet for driveways serving between three (3) to five (5) units on segments less than 150 feet rather than the applicable RM-HR standard of 22 feet required to serve six (6) or more units. Unobstructed back up maneuvering space of 24 feet is maintained as adjacent sidewalks include rolled curbs. Administrative Relief is requested as detailed below.
Administrative Relief
The M-U Overlay Zone includes provisions allowing for relief from parking and other development standards if the decision- making body finds that sufficient evidence is furnished to demonstrate that requested deviations will not negatively impact project appearance or burden adjacent uses. The application includes a request for Administrative Relief jointly prepared by the applicant, project engineer, and project architect, for the aforementioned reductions to off-street parking rates and drive aisle dimensions; deviations from design standards for upper floor transparency and frontage activation features; and increased building height. The request for Administrative Relief is attached to this Agenda Report.
The request asserts that Administrative Relief from the highlighted provisions will not result in negative impacts to the project's appearance or burden any adjacent uses and that the requests are necessary to achieve practical site and unit design. Among its key observations are that:
The project employs increased setbacks, a landscaped buffer, and hipped roofs to reduce the apparent height of structures along the westerly property line.
Two additional color variants are provided along the frontage to enhance visual interest. •
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Substandard activation features facing public and private streets will not affect adjacent uses because of the dense nature of the project.
Parking is available in the project frontage and the City of El Cajon Sustainability Initiative seeks to encourage Development in Mixed-Use Residential Overlay with parking reductions or deviations from development standards in such areas.
Reduced private driveway dimensions facilitate the inclusion of sidewalks, which enhance pedestrian safety.
Staff believes that application materials and plans included with the application are sufficient evidence to demonstrate that the findings necessary to grant administrative relief can be made as detailed below and in the proposed Site Development Plan resolution.
Public Improvements
East Main Street will be improved consistent with City Standards as a part of the proposed project. Full height curb, gutter, and Portland Concrete Cement sidewalks are required across the frontage and the proposed driveway will be constructed in accordance with regional standards. The existing bus shelter will be shifted within the project frontage to accommodate unit entrances in compliance with San Diego Metropolitan Transit System standards and a new manhole is shown at the connection with the public sewer.
There is an existing streetlight along East Main Street in the project frontage and there are no overhead utility poles in the right-of-way. The existing East Main Street configuration, including two-way left turn lane, is sufficient and will remain. No other improvements are necessary or proposed.
Improvements to the City storm drain system would also be required in North Mollison Avenue to accommodate project drainage across the El Cajon Valley High School property.
Improvements include a new 60-inch manhole at the point of connection to the storm drain system in North Mollison Avenue and increasing the adjacent pipe segment to 36 inches.
PLANNING COMMISSION RECOMMENDATION:
On July 16, 2024, the El Cajon Planning Commission ("Commission") held a public hearing for the proposed project. There were two public speakers in addition to the project applicant. One speaker voiced parking concerns referencing limited availability of parking on Main Street and the likelihood that the number of cars per unit would exceed available garaged parking. The other speaker spoke in support, citing potential housing market and local business benefits related to additional for-sale housing opportunities and revitalization of the neighborhood.
The Commission generally expressed support for the proposed project on the vacant property.
The combined height of the retaining wall and screening fence along the northerly property line facing El Cajon Valley High School was also articulated. The Commission ultimately voted 5-0 to adopt Resolution Nos. 11145, 11146, and 11147, recommending City Council approval of the project and accompanying CEQA determination.
FINDINGS:
Site Development Plan Permit No. 2023-0009
A. The proposed project is consistent with applicable goals, policies and programs of the General Plan, any applicable specific plan or regional planning document. •
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The proposed project is consistent with the planned land uses in the Mixed-Use Overlay Zone and is proposing residential development on a site identified in the 2021-2029 Housing Element Residential Sites Inventory. The project features townhomes for homeownership with recreational and gathering space amenities thus enhancing an existing vacant and underutilized site and expanding opportunities for homeownership consistent with General Plan Objectives 5-1 and 5-3.
B. The proposed site plan and building design are consistent with all applicable City ordinances and policies.
The proposed project is consistent with applicable El Cajon Municipal Code standards with Administrative Relief as authorized in the Mixed-Use Overlay Zone. The approval of Administrative Relief is further consistent with General Plan Objective 5-4 which seeks to reduce governmental constraints on housing development and 2020 Sustainability Initiative Measure T-7 allowing for parking reductions, or deviations from development standards, for developments in the Mixed-Use Residential Overlay Areas.
C. Easements and rights-of-way are recognized and respected on the site development plan.
The accompanying Tentative Subdivision Map will consolidate the parcels and vacate or establish new easements as necessary. Improvements to East Main Street and North Mollison Avenue are included as conditions of approval.
D. Public improvements will be completed, maintained and upgraded in accordance with public improvement thresholds.
East Main Street will be improved with full height curb, gutter, and Portland Concrete Cement sidewalks, and a regional standard driveway. A manhole will also be installed at the point of connection to the public sewer in the project frontage. Improvements to the City storm drain system in North Mollison Avenue are required and include a new 60-inch manhole at the point of connection to the storm drain system and upsizing of the adjacent pipe segment to 36 inches in diameter.
E. The proposed density is consistent with the adopted general plan, including the housing element.
Development of the site at residential density below the housing capacity assumed for the site in the 2021-2029 Housing Element Residential Sites Inventory is consistent with the General Plan and Housing Element. Goal 5 of the General Plan calls for a broad range of housing types to be made available to meet the housing needs of various age and income groups. Objective 5 of the Housing Element further encourages the removal of governmental constraints for housing development and Policy 5-3 to facilitate development plan processing for residential construction.
F. The remaining sites identified in the housing element are adequate to meet the requirements of Government Code section 65583.2 and to accommodate the jurisdiction’s share of the regional housing need pursuant to section 65584. The finding shall include a quantification of the remaining unmet need for the jurisdiction’s share of the regional housing need at each income level and the remaining capacity of sites identified in the housing element to accommodate that need by income level.
The Residential Sites Inventory anticipates a total of 209 units at levels affordable to Very Low and Low Income households for the subject property based on its developable density. The Housing Element Residential Sites Inventory has an 897-unit surplus capacity for Very Low and Low Income categories. The City has not approved any other projects on sites included in the Residential Sites at densities less than those anticipated in the 2021-2029 Housing Element and consequently an aggregate surplus of 688 units in the Residential Sites Inventory remains for the Very Low and Low Income categories after accounting for the proposed project at Moderate Income densities.
Requests for Administrative Relief with SDP No. 2023-0009 G. The request will not negatively impact the appearance of the project site or the surrounding properties.
Design Administrative Relief is confined to the project interior or is compensated for by providing surplus design relief and/or projections along exterior elevations. Further, additional building height within 100 feet of the RS-6 zone property does not meaningfully alter ultimate site buildout or massing as proposed structures are permitted by right at the proposed heights across the majority of the project site, including along portions of the mobile home park that are in the General Commercial zoning district.
H. The proposed project will not adversely impact and will not place undue burden on adjacent uses.
The proposed off-street parking rate of 2.21 spaces per unit is consistent with recent townhome development approvals in the City and exceeds the off-street parking rate of SDP No. 2021-0001 at 300 El Cajon Boulevard. Additionally, the adopted 2020 Sustainability Initiative encourages development in the Mixed-Use Overlay Zone and includes Action T-7.2 that seeks to reduce parking in M-U Overlay projects by 40%, which would result in off-street parking requirement of 184 spaces for the project. Moreover, reduced interior drive aisles remain consistent with other Mixed-Use Overlay Zone standards for drive aisles and thus functionality would not be impaired such as to create exterior impacts.
I. Supporting evidence provided by the applicant is acceptable and sufficient to approve the administrative relief, which may include but is not limited to a traffic impact study, parking study, or other study or analysis prepared by a certified expert licensed to prepare such work.
Application materials and plans included with the application are sufficient evidence to demonstrate that the request for Administrative Relief may be granted. The Site Development Plan and Tentative Subdivision Map and architectural plans are prepared by licensed professional engineers and architects.
Tentative Subdivision Map No. 2023-0013
Section 66474 of the Subdivision Map Act and section 16.12.090 of the ECMC state that the City shall deny approval of a subdivision map if the City’s legislative body makes any of the following findings:
A. The proposed map is not consistent with the General Plan and any applicable specific plan.
The proposed map is consistent with the General Plan and General Plan goals related to housing that seek to provide a variety of residential development opportunities in the City.
B. The design or improvement of the proposed subdivision is not consistent with the General Plan, and the site is not physically suitable for the type of development and proposed density.
The proposed map design results in a common interest residential project, which is consistent with the goals and objectives of the General Plan. Furthermore, the site is physically suited for the type of development as well as the density of the development that is proposed for this property.
C. The design of the subdivision or the proposed improvements are likely to cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat.
The project site is surrounded by urban land uses and is void of rare or high-quality vegetation communities or wetlands. There are no fish or wildlife populations that would be harmed with residential development of the subject property.
D. The design of the subdivision or type of improvements is likely to cause serious health problems.
The design of the subdivision and its improvements are required to incorporate storm water management facilities that will contribute to healthier streams, rivers, bays and ocean. Further, there are no known recognized environmental conditions at the site.
E. The design of the subdivision or type of improvements will conflict with easements acquired by the public at large for access through or use of property within the subdivision.
The proposed map will not conflict with easements of record or easements established by court judgment, acquired by the public at large, for access through or use of property within the proposed map.
CALIFORNIA ENVIRONMENTAL QUALITY ACT:
The project is a subsequent activity under the scope of the previously certified Final Program Environmental Impact Report for the City of El Cajon Housing Element Rezone Program, State Clearing House No. 2016031030, pursuant to California Environmental Quality Act ("CEQA") Guidelines section 15168. The project is consistent with the planned land use for the subject site and no new impacts to the site were identified. The project will comply with the mitigation framework, and all required mitigation measures are proposed as conditions of approval.
PUBLIC NOTICE & INPUT:
The notice of public hearing was published in the East County Californian on July 5, 2024 and mailed the same the day to all property owners within 300 feet of the project site and to anyone who requested such notice in writing, in compliance with Government Code sections 65090, 65091, and 65092, as applicable. Additionally, as a public service, the notice was posted in the kiosk at City Hall and on the City’s website under “Public Hearings/Public Notices.” The notice was also mailed to the two public libraries in the City of El Cajon, located at 201 East Douglas Avenue and 576 Garfield Avenue.
City staff did not receive any comments in response to the Notice of Public Hearing prior to preparation of this report. Comments received after publication will be presented to the City Council at the hearing.
RECOMMENDATION:
Staff recommends that the City Council conditionally approve SDP-2023-0009 and TSM-2023-0013. The proposed market rate residential development results in the redevelopment of an underutilized parcel and increases housing and homeownership opportunities in El Cajon in conformance with General Plan and Housing Element goals.
Prepared By: Noah Alvey, Deputy Director of Community Development Reviewed By: Anthony Shute, Director of Community Development Approved By: Graham Mitchell, City Manager
Attachments
Resolution - CEQA Determination
Resolution - SDP
Resolution - TSM
Planning Commission Resolution 11145
Planning Commission Resolution 11146
Planning Commission Resolution 11147
Public Hearing Notice/Location Map
Application and Disclosure Statement
Request for Administrative Relief
Site Development Plan and Tentative Subdivision Map
Conceptual Landscape Plan
Rear Loaded Townhomes Conceptual Drawings
Carriage Townhomes Conceptual Drawings
Environmental Checklist
RESOLUTION NO. ___-24
A RESOLUTION APPROVING THE SUBSEQUENT ACTIVITY
CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA)
DETERMINATION FOR SITE DEVELOPMENT PLAN PERMIT NO. 2023- 0009 AND TENTATIVE SUBDIVISION MAP NO. 2023-0013 FOR A 132
UNIT CONDOMINIUM TOWNHOME DEVELOPMENT ON THE NORTH
SIDE OF EAST MAIN STREET BETWEEN NORTH MOLLISON AVENUE
AND NORTH FIRST STREET IN THE GENERAL COMMERCIAL ("C-G") ZONE AND MIXED-USE (“M-U”) OVERLAY ZONE; GENERAL PLAN
DESIGNATION: GENERAL COMMERCIAL; APN 489-130-19-00.
WHEREAS, the El Cajon Planning Commission held a duly advertised public hearing on July 16, 2024, to consider Site Development Plan Permit (“SDP”) No. 2023- 0009 and Tentative Subdivision Map (“TSM”) No. 2023-0013, requesting a residential condominium townhome project consisting of 132 new residential units with common recreational and parking areas, landscaping and public improvements on the north side of East Main Street between North Mollison Avenue and North First Street and addressed as 1050 through 1058 East Main Street; and
WHEREAS, in accordance with State CEQA Guidelines section 15168, later activities may be found to be within the scope of a Program Environmental Impact Report ("EIR") provided the project does not result in new, unexamined effects and no new mitigation measures are required; and
WHEREAS, the Final Program Environmental Impact Report for the City of El Cajon Housing Element Rezone Program, State Clearing House No. 2016031030, was prepared for the Mixed-Use Overlay Zone and certified by the El Cajon City Council on November 14, 2017; and
WHEREAS, an environmental checklist was prepared and the project was found to be within the scope of the Program EIR and would not result any new, unexamined environmental effects; and
WHEREAS, the environmental checklist documents compliance with the Program EIR and mitigation measures developed in the program EIR are incorporated as conditions of approval of SDP No. 2023-0009 and TSM No. 2023-0013; and WHEREAS, the Planning Commission adopted Resolution No. 11145 recommending City Council approval of the Subsequent Activity Determination; and WHEREAS, the El Cajon City Council held a duly advertised public hearing on August 13, 2024, to consider SDP No. 2023-0009 and Tentative Subdivision Map No. 2023-0013; and
WHEREAS, after considering evidence and facts, the City Council did consider the proposed CEQA determination as presented at its duly advertised public hearing; and
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF EL CAJON AS FOLLOWS:
Section 1. That the foregoing recitals are true and correct, and are findings of fact of the City Council in regard to the proposed CEQA determination for SDP No. 2023- 0009 and TSM No. 2023-0013.
Section 2. That the environmental checklist is on file with the Community Development Department on the third floor of City Hall at 200 Civic Center Way, El Cajon, CA 92020.
Section 3. That based upon said findings of fact, the City Council hereby approves and determines that SDP No. 2023-0009 and TSM No. 2023-0013 are a subsequent activity under the scope of the Final Program Environmental Impact Report for the City of El Cajon Housing Element Rezone Program, State Clearing House No. 2016031030, certified by the El Cajon City Council on November 14, 2017.
Section 4. That the applicant shall defend, indemnify, and hold harmless the City, its agents, officers, and employees from any and all claims, actions, proceedings, damages, judgments, and costs, including attorneys’ fees, against the City or its agents, officers or employees, relating to this determination (the “CEQA Determination”), and relating to the approval of Site Development Plan Permit No. 2023-0009 and Tentative Subdivision Map No. 2023-0013 (the “Approvals”) including, but not limited to, any action to attach, set aside, void, challenge, or annul the Approvals and the CEQA Determination.
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, applicant shall pay all of the costs related thereto, including without limitation reasonable attorneys’ 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.
RESOLUTION NO. ___-24
A RESOLUTION APPROVING SITE DEVELOPMENT PLAN PERMIT
NO. 2023-0009 FOR 132 RESIDENTIAL TOWNHOMES ON THE NORTH
SIDE OF EAST MAIN STREET BETWEEN NORTH MOLLISON AVENUE
AND NORTH FIRST STREET IN THE GENERAL COMMERCIAL ("C-G") ZONE AND MIXED-USE (“M-U”) OVERLAY ZONE; GENERAL PLAN
DESIGNATION: GENERAL COMMERCIAL; APN 489-130-19-00.
WHEREAS, the El Cajon Planning Commission held a duly advertised public hearing on July 16, 2024, to consider Site Development Plan Permit (“SDP”) No. 2023- 0009 and Tentative Subdivision Map (“TSM”) No. 2023-0013, requesting a residential condominium townhome project consisting of 132 new residential units with common recreational and parking areas, landscaping and public improvements on the north side of East Main Street between North Mollison Avenue and North First Street and addressed as 1050 through 1058 East Main Street; and
WHEREAS, the Planning Commission adopted Resolution No. 11145 recommending City Council approval of the determination that SDP No. 2023-0009 and TSM No. 2023-0013 are a subsequent activity under the scope of the Final Program Environmental Impact Report for the City of El Cajon Housing Element Rezone Program, State Clearing House No. 2016031030, certified by the El Cajon City Council on November 14, 2017.; and
WHEREAS, the Planning Commission adopted Resolution No. 11146 recommending City Council approval of SDP No. 2023-0009; and WHEREAS, the Planning Commission adopted Resolution No. 11147 recommending City Council approval of TSM No. 2023-0013; and WHEREAS, the El Cajon City Council held a duly advertised public hearing on August 13, 2024, to consider SDP No. 2023-0009 and Tentative Subdivision Map No. 2023-0013, and received evidence through public testimony and comment, in the form of verbal and written communications and reports; and
WHEREAS, the City Council reviewed and considered the proposed CEQA determination, and adopted Resolution No. __-24; and
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF EL CAJON AS FOLLOWS:
Section 1. The City Council finds that:
A. The proposed project is consistent with the planned land uses in the Mixed-Use Overlay Zone and proposing residential
development on a site identified in the 2021-2029 Housing Element Residential Sites Inventory. The project features townhomes for
homeownership with recreational and gathering space amenities thus enhancing an existing vacant and underutilized site and expanding opportunities for homeownership consistent with General Plan Objectives 5-1 and 5-3.
B. The proposed project is consistent with applicable El Cajon Municipal Code standards with Administrative Relief as authorized in the Mixed-Use Overlay Zone. The approval of Administrative Relief is further consistent with General Plan Objective 5-4 which seeks to reduce governmental constraints on housing development and 2020 Sustainability Initiative Measure T-7 allowing for parking reductions, or deviations from development standards, for developments in the Mixed-Use Residential Overlay Areas.
C. The accompanying Tentative Subdivision Map will consolidate the parcels and vacate or establish new easements as necessary.
Improvements to East Main Street and North Mollison Avenue are included as conditions of approval.
D. East Main Street will be improved with full height curb, gutter, and Portland Concrete Cement sidewalks, and a regional standard driveway. A manhole will also be installed at the point of connection to the public sewer in the project frontage. Improvements to the City storm drain system in North Mollison Avenue are required and include a new 60-inch manhole at the point of connection to the storm drain system and upsizing of the adjacent pipe segment to 36 inches in diameter.
E. Development of the site at residential density below the housing capacity assumed for the site in the 2021-2029 Housing Element Residential Sites Inventory is consistent with the General Plan and Housing Element. Goal 5 of the General Plan calls for a broad range of housing types to be made available to meet the housing needs of various age and income groups. Objective 5 of the Housing Element further encourages the removal of governmental constraints for housing development and Policy 5-3 to facilitate development plan processing for residential construction.
F. The Residential Sites Inventory anticipates a total of 209 units at levels affordable to Very Low and Low Income households for the subject property based on its developable density. The Housing Element Residential Sites Inventory has an 897-unit surplus capacity for Very Low and Low Income categories. The City has not approved any other projects on sites included in the Residential Sites at densities less than those anticipated in the 2021-2029 Housing Element and consequently an aggregate surplus of 688 units in the Residential Sites Inventory remains for the Very Low
and Low Income categories after accounting for the proposed project at Moderate Income densities.
G. Design Administrative Relief is confined to the project interior or is compensated for by providing surplus design relief and/or projections along exterior elevations. Further, additional building height within 100 feet of the RS-6 zone property does not meaningfully alter ultimate site buildout or massing as proposed structures are permitted by right at the proposed heights across the majority of the project site, including along portions of the mobile home park that are in the General Commercial zoning district.
H. The proposed off-street parking rate of 2.21 spaces per unit is consistent with recent townhome development approvals in the City and exceeds the off-street parking rate of SDP No. 2021-0001 at 300 El Cajon Boulevard. Additionally, the adopted 2020
Sustainability Initiative encourages development in the Mixed-Use Overlay Zone and includes Action T-7.2 that seeks to reduce parking in M-U Overlay projects by 40%, which would result an off- street parking requirement of 184 spaces for the project. Moreover, reduced interior drive aisles remain consistent with other Mixed- Use Overlay Zone standards for drive aisles and thus functionality would not be impaired such as to create exterior impacts.
I. Application materials and plans included with the application are sufficient evidence to demonstrate that the request for Administrative Relief may be granted. The Site Development Plan and Tentative Subdivision Map and architectural plans are prepared by licensed professional engineers and architects.
Section 2. The City Council hereby approves SDP Permit No. 2023-0009 for 132 residential townhomes, on the above described property, subject to the following conditions:
Planning
1. The applicant shall comply with all applicable conditions listed in the “Standard Conditions of Development” adopted by Planning Commission Resolution No. 10649.
2. Submit and receive approval of a phasing plan if the project is to be phased and provide engineering cost estimate and enter into improvement agreements as applicable.
3. An archaeological and Native American monitor shall be present during construction activities that involve subsurface grading and/or excavation, involving the disturbance of native soils more than three feet in depth pursuant to mitigation
measures CUL-2 and CUL-3. The monitor(s) shall ensure that important subsurface archaeological sites, which could underlie a redevelopment area, are not damaged or destroyed. Contracts for such work shall be provided to the Planning staff prior to grading and drainage plan approval.
4. The subject property is within the project area of the former El Cajon Redevelopment Agency. Comply with the requirement for affordable housing in the former redevelopment project area or payment of the in lieu fee in accordance with El Cajon Municipal Code (“ECMC”) chapter 15.82.
5. Grading and/or Improvement Plans shall show the proposed relocation of the bus shelter along East Main Street consistent with the plans approved by City Council.
Maintain a four (4) foot path of travel, or separation, between the current bus stop pole and shelter pursuant to Metropolitan Transit System requirements.
6. Prior to commencing any earth-moving activities, the applicant shall complete the following:
a. In accordance with mitigation measure BIO-2, a pre-construction survey shall be conducted to determine the presence of active bird nests if vegetation clearing is proposed during the typical bird breeding season of February 1 – September 1 (as early as January 1 for some raptors). A note shall be added to the grading plans documenting this requirement. If avoidance of the bird breeding season is not feasible, surveys by a qualified biologist with experience in conducting breeding bird surveys to detect protected native birds occurring in suitable nesting habitat that is to be disturbed and (as access to adjacent areas allows) any other such habitat within 300 feet of the disturbance area (within 500 feet for raptors). Project personnel, including all contractors working on-site, shall be instructed on the sensitivity of the area. Reductions in the nest buffer distance may be appropriate depending on the bird species involved, ambient levels of human activity, screening vegetation, or possibly other factors. No direct impacts shall occur to any nesting birds or their eggs, chicks, or nests. If an active nest is located, nest avoidance measures shall be required in accordance with the Migratory Bird Treaty Act and California Department of Fish and Wildlife (CDFW) code.
b. A Construction Noise Control Plan shall be submitted to the Community Development Department for review and approval in accordance with the provisions of mitigation measure NOS-5. The plan shall demonstrate that all construction activity will not expose noise sensitive land uses such as residences to noise levels that exceed 75 dB(A) Leq.
7. Prior to the issuance of building permits, or as otherwise determined by the Director of Community Development, the applicant shall complete the following:
a. The site plan and building permit plans shall be consistent with the approved plans and elevations. The approved building material types and colors of all
exterior elevations shall be shown on the construction drawings submitted for building permits and shall be in substantial conformance with the materials approved by the City Council. Compatible cementitious roof tiles shall be provided across all project buildings.
b. Construction methods meeting the specifications of the Noise Technical Memorandum prepared by Dudek on May 24, 2024 shall be incorporated into building plans for residential units fronting East Main Street consistent with mitigation measure NOS-1. Minimum construction specifications for interior spaces include single-glazed (or better) windows and exterior walls with two layers of 5/8” gypsum wallboard attached to 2” by 4” wood studs featuring 24” on-center spacing, fiberglass batt fill in the stud cavities, and at least one layer of 5/8” interior-facing gypsum wallboard or a compliant alternative. Balconies of such units shall include a 42 inch high, 6-millimeter (0.236 inch) thick, sheet of Plexiglas (acrylic) on the interior-facing side of the balcony railings with one inch maximum bottom gap or a compliant alternative.
c. Building plans shall demonstrate compliance with Heating Ventilation and Air Conditioning performance standards pursuant to ECMC section
17.115.130(H) and in accordance with mitigation measure NOS-2. d. Submit a lighting plan in accordance with ECMC section 17.130.150. The plan shall indicate lighting for pedestrian and vehicular safety that is sufficient to minimize security problems. Light shall not be cast as to create a nuisance for adjacent properties. A photometric exhibit shall be required as part of the submittal and the design details for all exterior lighting elements.
e. Submit a Landscape Documentation Package (“LDP”) for review and approval in conformance with the requirements of ECMC Chapter 17.195, ECMC section 17.60.180, and the City of El Cajon Landscape Design Manual. The LDP plans shall be consistent with the approved SDP site plan and TSM. Trees in the public right-of-way shall be provided with root barriers and permanent private irrigation.
f. Identify the site walls, retaining walls, and fencing on building permit and landscape plans. Walls and fencing shall be in substantial conformance with the materials approved by City Council.
g. Comply with Part 77 notification requirements to the Federal Aviation Administration (“FAA”) for Gillespie Field pursuant to ECMC chapter 17.260.
Provide a “Determination of No Hazard to Air Navigation” from the FAA or complete the self-certification.
h. Comply with the comments and conditions outlined in the letter from Helix Water District entitled "SDP-2023-0009 1050 E Main St, EL Cajon APN 489- 130-19-00" and dated February 8, 2024, incorporated herein by reference.
i. Record the Final Map.
8. Prior to the granting of occupancy for any unit, or as otherwise determined by the Director of Community Development, all on-site improvements shall be completed or guaranteed in accordance with the approved SDP Permit No. 2023-0009 and TSM No. 2023-0013 plans and applicable conditions of approval. In addition, the following items shall be completed and/or inspected:
a. Complete the installation of the approved landscaping and irrigation system and submit a Certificate of Completion with all necessary attachments including a soil management report.
b. Pass a planning inspection verifying completion of all private improvements as identified in the plans.
c. Satisfy all requirements contained in this resolution of approval.
Building & Fire Conditions
9. A building permit is required. Applications for construction permits shall comply with all applicable laws, ordinances, and codes in effect at the time of application including the California Building Code, California Fire Code, California Mechanical Code, California Plumbing Code, California Electrical Code, and Green Building Standard Code.
10. Dedicate and maintain fire apparatus access lanes by red curb or signage. Fire access lane shall be a minimum 20 feet wide and 13 feet, 6 inches in height.
Engineering and Storm Water
11. All operations must be in compliance with the City’s Storm Water Ordinance (ECMC Chapters 13.10 and 16.60) to minimize or eliminate pollutant discharges to the storm drain system.
12. Comply with all Engineering Services conditions outlined in the resolution for Tentative Subdivision Map No. 2023-0013.
General
13. SDP Permit No. 2023-0009 shall become null and void if accompanying TSM No. 2023-0013 is not recorded within the time frame permitted under the ECMC and Subdivision Map Act.
RESOLUTION NO. ___-24
A RESOLUTION APPROVING TENTATIVE SUBDIVISION MAP NO.
2023-0013 FOR A ONE-LOT CONDOMINIUM SUBDIVISION WITH 132
RESIDENTIAL TOWNHOMES ON THE NORTH SIDE OF EAST MAIN
STREET BETWEEN NORTH MOLLISON AVENUE AND NORTH FIRST
STREET IN THE GENERAL COMMERCIAL ("C-G") ZONE AND MIXED- USE (“M-U”) OVERLAY ZONE; GENERAL PLAN DESIGNATION:
GENERAL COMMERCIAL; APN 489-130-19-00.
WHEREAS, the El Cajon Planning Commission held a duly advertised public hearing on July 16, 2024, to consider Site Development Plan Permit (“SDP”) No. 2023- 0009 and Tentative Subdivision Map (“TSM”) No. 2023-0013, requesting a residential condominium townhome project consisting of 132 new residential units with common recreational and parking areas, landscaping and public improvements on the north side of East Main Street between North Mollison Avenue and North First Street and addressed as 1050 through 1058 East Main Street; and; and
WHEREAS, the Planning Commission adopted Resolution No. 11145 recommending City Council approval of the determination that SDP No. 2023-0009 and TSM No. 2023-0013 are a subsequent activity under the scope of the Final Program Environmental Impact Report for the City of El Cajon Housing Element Rezone Program, State Clearing House No. 2016031030, certified by the El Cajon City Council on November 14, 2017.; and
WHEREAS, the Planning Commission adopted Resolution No. 11146 recommending City Council approval of SDP No. 2023-0009; and WHEREAS, the Planning Commission adopted Resolution No. 11147 recommending City Council approval of TSM No. 2023-0013; and WHEREAS, the El Cajon City Council held a duly advertised public hearing on August 13, 2024, to consider SDP No. 2023-0009 and Tentative Subdivision Map No. 2023-0013, and received evidence through public testimony and comment, in the form of verbal and written communications and reports; and
WHEREAS, the City Council reviewed and considered the proposed CEQA Exemption, and adopted Resolution No. __-24; and
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF EL CAJON AS FOLLOWS:
Section 1. The City Council finds that:
A. The proposed map is consistent with the General Plan and General Plan goals related to housing that seek to provide a variety of residential development opportunities in the City.
B. The proposed map design results in a common interest residential project, which is consistent with the goals and objectives of the General Plan. Furthermore, the site is physically suited for the type of development as well as the density of the development that is proposed for this property.
C. The project site is surrounded by urban land uses and is void of rare or high-quality vegetation communities or wetlands. There are no fish or wildlife populations that would be harmed with residential development of the subject property.
D. The design of the subdivision and its improvements are required to incorporate storm water management facilities that will contribute to healthier streams, rivers, bays and ocean. Further there are no known recognized environmental conditions at the site.
E. The proposed map will not conflict with easements of record or easements established by court judgment, acquired by the public at large, for access through or use of property within the proposed map.
Section 2. The City Council hereby approves Tentative Subdivision Map No. 2023-0013 for a residential condominium subdivision, on the above described property, subject to the following conditions:
Planning
1. Prior to the issuance of building permits, or as otherwise determined by the Director of Engineering Services, the final map for TSM No. 2023-0013 shall be recorded and the appropriate number of copies returned to the City.
2. The final map shall be accepted by the City Council and prepared for recordation in accordance with El Cajon Municipal Code (“ECMC”) Chapter 16.20.
3. The recordation of the final map shall be in accordance with the time limits permitted in Government Code section 66452.6 et seq.
4. The final map shall be in substantial conformance with Tentative Subdivision Map No. 2023-0013.
5. Prior to Final Map, submit one electronic copy of the draft CC&Rs for approval by Planning, Storm Water, and the City Attorney. Prior to the issuance of the first Certificate of Occupancy, a Homeowner’s Association must be established and the CC&Rs recorded. A final approved set of CC&Rs must be submitted with the Final Map documents and recorded by the Title Company. The CC&Rs shall include the maintenance of the building exteriors, private streets, sidewalks, driveways, common lighting, common fencing and walls, storm water and sanitary sewer facilities, and common landscaping and recreational facilities, and shall contain the
following language:
a. “This entire project and property shall be subject to all of the conditions and restrictions contained within the resolution adopted by the City of El Cajon which approved the tentative subdivision map for the project, as well as, being subject to all the conditions and restrictions contained in any permits issued for the project which were approved by the City of El Cajon, along with accompanying site plans, elevations and landscape plans.” b. “The City of El Cajon is hereby given supervisory jurisdiction over the enforcement of the provisions of this Declaration dealing with maintenance, cleanliness and repair of the landscape and pavement maintenance easement, and exterior appearance of the project. In the event of breach of any duty pertaining to such maintenance, cleanliness, repair or exterior appearance, the City of El Cajon may give written notice of such breach to the Association or Owners, together with a demand upon them to remedy such breach. If they refuse to do so, or fail to take appropriate action within 30 days of the receipt of such notice, the City of El Cajon shall have the standing and the right (but not the obligation) to both bring an action in a court of proper jurisdiction to enforce the provisions of this Declaration and/or initiate abatement proceedings pursuant to the ordinances of the City of El Cajon. Nothing contained herein shall limit any other right or remedy which the City may exercise by virtue of authority contained in ordinance or state law."
c. “The City Attorney of El Cajon must give prior approval to any amendments to this Declaration of Covenants, Conditions and Restrictions which deal with any of the following topics:
i. Amendments with regard to the fundamental purpose for which the project was created (such as a change from residential use to a different use), and amendments which would affect the ability of the City of El Cajon to approve or disapprove external modifications to the project.
ii. Amendments with regard to the supervisory jurisdiction for enforcement granted to the City of El Cajon by this Declaration. iii. Property maintenance obligations, including maintenance of landscaping, sidewalks, and driveways, and cleanliness or repair of the project."
d. “No alteration or modification shall be made to the maintenance easement and maintenance obligations which are contrary to the development plan approved by and on file with the City of El Cajon without the approval of the City.”
e. “Off-street parking shall only occur in the approved parking spaces and
individual private garages depicted on the final approved SDP Permit No. 2023-0009 site plan. No parking is permitted in required Fire lanes.” f. “Garage parking spaces at each unit shall be maintained and available for parking.”
g. “Refuse bins shall not be permitted to obstruct private driveways and/or required fire lines. With the exception of collection day, refuse bins shall be kept in residential garages as shown in the SDP Permit plans and architectural drawings. Refuse bins shall, further, only be permitted at the project interior during collection days.”
h. “Trees and landscaping in the public right-of-way shall be maintained by the Homeowner’s Association.”
6. A disclosure to residents clearly outlining the issues associated with living in a mixed-use environment shall be included in the CC&Rs to the satisfaction of Director of Community Development.
7. All common facilities or amenities shall be held in common and maintained by the Homeowner’s Association. The Final Map shall identify all Homeowners Association ownership and maintenance areas and grant any and all easements appropriate or necessary for maintenance.
8. All public and private improvements must be constructed or guaranteed prior to Final Map. The private improvements consist of all common improvements including street improvements, common landscaping or amenities, project walls and fences, and storm water infrastructure. The guarantee must include private and public improvement agreements and bonds. If the project is phased, a phasing plan must be submitted and approved prior to the issuance of building permits. The phasing plan must identify each phase and the corresponding public and private improvements that will be completed prior to any permit finals within each phase.
Engineering Services
1. A Final Map must be prepared by a registered civil engineer or a licensed land surveyor in accordance with Title 16 of the El Cajon Municipal Code and the Subdivision Map Act. In order to complete the process of subdividing the property, the owner is responsible for having a Final Map recorded with the County Recorder within two (2) years after approval of the Tentative Subdivision Map by the City Council or within the time limits of an extension granted in accordance with ECMC Title 16. The following are requirements of the Final Map:
a. Submit a current Preliminary Title Report and Subdivision Guarantee, no older than 60 days, at the time the map is ready to record. b. Submit a County Tax Certificate valid at the time of map recordation.
c. Set survey monuments and guarantee setting of any deferred monuments. d. Submit Will-Serve letters from Water Company, Gas and Electric Company, Phone Company and Cable TV Company.
e. Submit signature omission letters from all public easement holders who do not have a signature block on the map
f. Submit a letter stating if the required public improvements listed above will be completed prior to recording the Map or deferred by a Subdivision Agreement.
g. The lots without building units are to be designated as a non-buildable lots for ingress and egress, water, sewer, and other utility purposes, or for the common use and benefit of the other lots.
2. Prior to Final Map recordation:
a. Submit a Drainage Study, Soils Report, Cost Estimates, and appropriate Storm Water Intake Forms together with a Grading and Drainage Plan prepared by a Civil Engineer, registered in the State of California. No grading or soil disturbance, including clearing of vegetative matter, shall be done until all necessary environmental clearances are secured and the Grading and Drainage Plan and Erosion Control Plan have been reviewed by the City. The plans shall comply with the City of El Cajon Jurisdictional Runoff Management Program and include an Erosion Control Plan. In accordance with ECMC Chapter 16.60, the project is categorized as a Priority Development Project and must further include, a Storm Water Mitigation Plan, Storm Water Pollution Prevention Plan from the San Diego Regional Water Quality Control Board, and appropriate Storm Water Facilities and Maintenance Agreements to the satisfaction of the City Engineer.
b. Construct street improvements on East Main Street. A detailed scaled drawing showing the plan and profile and typical sections of the public street, curb and gutter, sidewalk and drainage facilities, as required, shall be prepared by a Civil Engineer registered in the State of California and shall be submitted to the City for approval. All damaged concrete curb and gutter, and sidewalk shall be repaired and existing facilities in conflict with construction relocated as necessary. In addition to those reflected in the Tentative Subdivision Map and Preliminary Grading Plan, improvements shall include:
i. The roadway shall further be repaired and restored to its pre- construction condition to the satisfaction of the City Engineer.
Asphalt grind and overlay across the full width of East Main Street along the property frontage may be required consistent with requirements for moratorium streets.
ii. Close all unused existing driveways and install full height curb, gutter, and PCC sidewalk along the entire frontage of the property on East Main Street in accordance with San Diego Regional Standard Drawing G-26 to the satisfaction of the City Engineer.
iii. The proposed driveway along East Main Street shall be constructed in accordance with San Diego Regional Standard Drawing, G-26. c. Install separate gravity sewer services, water services (including meters) and other utilities to each parcel with a building unit in accordance with the El Cajon Municipal Code. Wet-tap fees are required. The proposed sewer and water laterals serving the parcel shall be private. A double cleanout is required at the property line for all sewer laterals. Maintenance of the private sewer and water laterals shall be the responsibility of the property owner(s)/Homeowners Association. Connections to the City sewer system and payment of connection fees are required with Building Permits. d. The proposed sewer main to serve the subdivision shall be private. A detailed scaled drawing showing the plan and profile of the sewer main, manhole locations, and laterals shall be prepared by a Civil Engineer registered in the State of California. The sewer main shall be designed and built in accordance with the City of El Cajon Improvement Standards for Public Sewer Mains and submitted to the City for review. Maintenance of the private sewer main shall be the responsibility of the property owner(s)/Homeowners Association. Connections to the City sewer system and payment of connection fees are required with Building Permits. e. The proposed storm drain system to serve the subdivision shall be private.
A detailed scaled drawing showing the plan and profile of the private storm drain system and manhole locations shall be prepared by a Civil Engineer registered in the State of California. The storm drain system shall be designed and built in accordance with the City of El Cajon Improvement Standards for Public Drainage Systems and submitted to the City for review.
Maintenance of the private storm drain system shall be the responsibility of the property owner (s)/Homeowners Association or their assigns. All necessary easements, agreements, and/or instruments permitting the installation and assuring the maintenance of drainage systems and improvements on separate private properties shall be furnished to the City prior to plan approval.
Improvement drawings shall also reflect the installation of a new 60-inch storm drain manhole along North Mollison Avenue at the connection with the City of El Cajon storm drain system and provide for the upsizing of the adjacent downstream pipe segment to a 32-inches consistent with the SDP and TSM exhibits.
f. Underground all new utility distribution facilities within the subdivision boundaries in accordance with ECMC sections 16.16.040(D) and
16.52.010.
g. An Encroachment Permit is required prior to any work within the public right- of-way.
3. El Cajon Municipal Code section 16.16.060 provides that, in lieu of constructing the required improvements prior to recording of the final map, the subdivider may enter into an agreement, which guarantees construction. Such agreement shall be accompanied by improvement security in accordance with El Cajon Municipal Code section 16.16.080 and a certificate of insurance provided by the subdivider in accordance with City Council Policy D-3.
4. Submit a copy of the Conditions, Covenants, and Restrictions (CC&Rs) for the property, that includes Water Quality Protection language (CC&R Sample Language is available on City Website), which addresses residential compliance with City of El Cajon Municipal Code section 13.10.080.
5. Existing streets shall be kept free of dirt and debris and maintained in good condition. Dust shall be controlled so that it does not become a nuisance. The developer shall be responsible for the repair of any streets or private property damaged as a result of the construction of the subdivision.
6. Landscaping at the entrance of the driveways shall be kept low to provide adequate sight distance.
PLANNING COMMISSION RESOLUTION NO. 11145
A RESOLUTION RECOMMENDING CITY COUNCIL APPROVAL OF
THE SUBSEQUENT ACTIVITY CALIFORNIA ENVIRONMENTAL
QUALITY ACT (CEQA) DETERMINATION FOR SITE DEVELOPMENT
PLAN PERMIT NO. 2023-0009 AND TENTATIVE SUBDIVISION MAP NO. 2023-0013 FOR AN 132 CONDOMINIUM TOWNHOME
DEVELOPMENT ON THE NORTH SIDE OF EAST MAIN STREET
BETWEEN NORTH MOLLISON A VENUE AND NORTH FIRST STREET
IN THE GENERAL COMMERCIAL ("C-G") ZONE AND MIXED-USE
("M-U") OVERLAY ZONE; GENERAL PLAN DESIGNATION: GENERAL COMMERCIAL; APN 489-130-19-00.
WHEREAS, the El Cajon Planning Commission held a duly advertised public hearing on July 16, 2024, to consider Site Development Plan Permit ("SDP") No. 2023- 0009 and Tentative Subdivision Map ("TSM") No. 2023-0013, requesting a residential condominium townhome project consisting of 132 new residential units with common recreational and parking areas, landscaping and public improvements on the north side of East Main Street between North Mollison A venue and North First Street and addressed as 1050 through 1058 East Main Street; and
WHEREAS, in accordance with State CEQA Guidelines section 15168, later activities may be found to be within the scope of a Program Environmental Impact Report ("EIR") provided the project does not result in new, unexamined effects and no new mitigation measures are required; and
WHEREAS, the Final Program Environmental Impact Report for the City of El Cajon Housing Element Rezone Program, State Clearing House No. 2016031030, was prepared for the Mixed-Use Overlay Zone and certified by the El Cajon City Council on November14,2017;and
WHEREAS, an environmental checklist was prepared and the project was found to be within the scope of the Program EIR and would not result any new, unexamined environmental effects; and
WHEREAS, the environmental checklist documents compliance with the Program EIR and mitigation measures developed in the program EIR are incorporated as conditions of approval of SDP No. 2023-0009 and TSM No. 2023-0013; and WHEREAS, after considering evidence and facts, the Planning Commission did consider the proposed CEQA determination as presented at its meeting.
Planning Commission Resolution No. 11145
NOW, THEREFORE, BE IT RESOLVED by the El Cajon Planning Commission as follows:
Section 1. That the foregoing recitals are true and correct, and are findings of fact of the El Cajon Planning Commission in regard to the proposed CEQA determination for SDP No. 2023-0009 and TSM No. 2023-0013.
Section 2. That the environmental checklist is on file with the Community Development Department on the third floor of City Hall at 200 Civic Center Way, El Cajon, CA 92020.
Section 3. That based upon said findings of fact, the El Cajon Planning Commission hereby RECOMMENDS City Council APPROVAL of the CEQA determination for SDP No. 2023-0009 and TSM No. 2023-0013.
Section 4. The applicant shall defend, indemnify, and hold harmless the City, its agents, officers, and employees from any and all claims, actions, proceedings, damages, judgments, and costs, including attorneys' fees, against the City or its agents, officers or employees, relating to this determination (the "CEQA Determination"), and relating to the approval of Site Development Plan Permit No. 2023-0009 and Tentative Subdivision Map No. 2023-0013 (the" Approvals") including, but not limited to, any action to attach, set aside, void, challenge, or annul the Approvals and the CEQA Determination. 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, applicant shall pay all of the costs related thereto, including without limitation reasonable attorneys' 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.
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Planning Commission Resolution No . 11145
PASSED AND ADOPTED by the El Cajon Planning Commission at a regular meeting held July 16, 2024, by the following vote:
AYES:
NOES:
ABSENT:
ATTEST:
CIRCO, EDISON, MROZ, POLLACK-RUDE, SOTTILE
NONE
NONE
Rebecca POLLACK-RUDE, Chair
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PLANNING COMMISSION RESOLUTION NO. 11146
A RESOLUTION RECOMMENDING CITY COUNCIL APPROVAL OF
SITE DEVELOPMENT PLAN PERMIT NO. 2023-0009 FOR 132
RESIDENTIAL TOWNHOMES ON THE NORTH SIDE OF EAST MAIN
STREET BETWEEN NORTH MOLLISON A VENUE AND NORTH FIRST
STREET IN THE GENERAL COMMERCIAL ("C-G") ZONE AND MIXED USE ("M-U") OVERLAY ZONE; GENERAL PLAN DESIGNATION:
GENERAL COMMERCIAL; APN 489-130-19-00.
WHEREAS, the El Cajon Planning Commission held a duly advertised public hearing on July 16, 2024, to consider Site Development Plan Permit ("SDP") No. 2023- 0009 and Tentative Subdivision Map ("TSM") No. 2023-0013, requesting a residential condominium townhome project consisting of 132 new residential units with common recreational and parking areas, landscaping and public improvements on the north side of East Main Street between North Mollison A venue and North First Street and addressed as 1050 through 1058 East Main Street; and
WHEREAS, the Planning Commission adopted the next resolution in order recommending City Council approval of the California Environmental Quality Act determination that the project is a subsequent activity within the scope of the Certified Final Program Environmental Impact Report for the City of El Cajon Housing Element Rezone Program, State Clearing House No. 2016031030; and WHEREAS, at the public hearing the Planning Commission received evidence through public testimony and comment, in the form of verbal and written communications and reports prepared and presented to the Planning Commission, including (but not limited to) evidence such as the following:
A. The proposed project is consistent with the planned land uses in the Mixed-Use Overlay Zone and proposing residential development on a site identified in the 2021-2029 Housing Element Residential Sites Inventory. The project features townhomes for homeownership with recreational and gathering space amenities thus enhancing an existing vacant and underutilized site and expanding opportunities for homeownership consistent with General Plan Objectives 5-1 and 5-3.
B. The proposed project is consistent with applicable El Cajon Municipal Code standards with Administrative Relief as authorized in the Mixed-Use Overlay Zone. The approval of Administrative Relief is further consistent with General Plan Objective 5-4 which seeks to reduce governmental constraints on housing development and 2020 Sustainability Initiative Measure T-7 allowing for parking reductions, or deviations from development standards, for developments in the Mixed-Use Residential Overlay Areas.
Planning Commission Resolution No. 11146
C. The accompanying Tentative Subdivision Map will consolidate the parcels and vacate or establish new easements as necessary. Improvements to East Main Street and North Mollison Avenue are included as conditions of approval.
D. East Main Street will be improved with full height curb, gutter and Portland Concrete Cement sidewalk, and regional standard driveway. A manhole will also be installed at the point of connection to the public sewer in the project frontage.
Improvements to the City storm drain system in North Mollison Avenue are required and include a new 60-inch manhole at the point of connection to the storm drain system and upsizing of the adjacent pipe segment to 36 inches in diameter.
E. Development of the site at residential density below the housing capacity assumed for the site in the 2021-2029 Housing Element Residential Sites Inventory is consistent with the General Plan and Housing Element. Goal 5 of the General Plan calls for a broad range of housing types to be made available to meet the housing needs of various age and income groups. Objective 5 of the Housing Element further encourages the removal of governmental constraints for housing development and Policy 5-3 to facilitate development plan processing for residential construction.
F. The Residential Sites Inventory anticipates a total of 209 units at levels affordable to Very Low and Low Income households for the subject property based on its developable density. The Housing Element Residential Sites Inventory has an 897- unit surplus capacity for Very Low and Low Income categories. The City has not approved any other projects on sites included in the Residential Sites at densities less than those anticipated in the 2021-2029 Housing Element and consequently an aggregate surplus of 688 units in the Residential Sites Inventory remains for the Very Low and Low Income categories after accounting for the proposed project at Moderate Income densities.
G. Design Administrative Relief is confined to the project interior or is compensated for by providing surplus design relief and/ or projection along exterior elevations.
Further, additional building height within 100 feet of the RS-6 zone property does not meaningfully alter ultimate site buildout or massing as proposed structures are permitted by right at the proposed heights across the majority of the project site, including along portions of the mobile home park that are in the General Commercial zoning district.
Planning Commission Resolution No. 11146
H. The proposed off-street parking rate of 2.21 spaces per unit is consistent with recent townhome development approvals in the City and exceeds the off-street parking rate of SDP No. 2021-0001 at 300 El Cajon Boulevard. Additionally, the adopted 2020 Sustainability Initiative encourages development in the Mixed-Use Overlay and includes Action T-7.2 that seeks to reduce parking in M-U Overlay projects by 40% which would result an off-street parking requirement of 184 spaces for the project. Moreover, reduced interior drive aisles remain consistent with other Mixed-Use Overlay Zone standards for drive aisles and thus functionality would not be impaired such as to create exterior impacts.
I. Application materials and plans included with the application are sufficient evidence to demonstrate that the request for Administrative Relief may be granted. The Site Development Plan and Tentative Subdivision Map and architectural plans are prepared by licensed professions engineers and architects.
NOW, THEREFORE, BE IT RESOLVED that based upon said findings of fact stated above, the El Cajon Planning Commission hereby RECOMMENDS City Council APPROVAL of SDP Permit No. 2023-0009 for 132 residential townhomes, on the above described property, subject to the following conditions:
Planning
1. The applicant shall comply with all applicable conditions listed in the "Standard Conditions of Development" adopted by Planning Commission Resolution No. 10649.
2. Submit and receive approval of a phasing plan if the project is to be phased and provide engineering cost estimate and enter into improvement agreements as applicable.
3. An archaeological and Native American monitor shall be present during construction activities that involve subsurface grading and/ or excavation, involving the disturbance of native soils more than three feet in depth pursuant to mitigation measures CUL-2 and CUL-3. The monitor(s) shall ensure that important subsurface archaeological sites, which could underlie a redevelopment area, are not damaged or destroyed. Contracts for such work shall be provided to the Planning staff prior to grading and drainage plan approval.
4. The subject property is within the project area of the former El Cajon Redevelopment Agency. Comply with the requirement for affordable housing in the former redevelopment project area or payment of the in lieu fee in accordance with El Cajon Municipal Code ("ECMC") chapter 15.82.
5. Grading and/ or Improvement Plans shall show the proposed relocation of the bus shelter along East Main Street consistent with the plans approved by City Council.
Maintain a four (4) foot path of travel, or separation, between the current bus stop Page3 of 7
Planning Commission Resolution No. 11146
pole and shelter pursuant to Metropolitan Transit System requirements.
6. Prior to commencing any earth-moving activities, the applicant shall complete the following:
a. In accordance with mitigation measure BIO-2, a pre-construction survey shall be conducted to determine the presence of active bird nests if vegetation clearing is proposed during the typical bird breeding season of February 1 - September 1 (as early as January 1 for some raptors). A note shall be added to the grading plans documenting this requirement. If avoidance of the bird breeding season is not feasible, surveys by a qualified biologist with experience in conducting breeding bird surveys to detect protected native birds occurring in suitable nesting habitat that is to be disturbed and (as access to adjacent areas allows) any other such habitat within 300 feet of the disturbance area (within 500 feet for raptors). Project personnel, including all contractors working on-site, shall be instructed on the sensitivity of the area. Reductions in the nest buffer distance may be appropriate depending on the bird species involved, ambient levels of human activity, screening vegetation, or possibly other factors. No direct impacts shall occur to any nesting birds or their eggs, chicks, or nests. If an active nest is located, nest avoidance measures shall be required in accordance with the Migratory Bird Treaty Act and California Department of Fish and Wildlife (CDFW) code.
b. A Construction Noise Control Plan shall be submitted to the Community Development Department for review and approval in accordance with the provisions of mitigation measure NOS-5. The plan shall demonstrate that all construction activity will not expose noise sensitive land uses such as residences to noise levels that exceed 75 dB(A) Leq.
7. Prior to the issuance of building permits, or as otherwise determined by the Director of Community Development, the applicant shall complete the following:
a. The site plan and building permit plans shall be consistent with the approved plans and elevations. The approved building material types and colors of all exterior elevations shall be shown on the construction drawings submitted for building permits and shall be in substantial conformance with the materials approved by the City Council. Compatible cementitious roof tiles shall be provided across all project buildings. b. Construction methods meeting the specifications of the Noise Technical Memorandum prepared by Dudek on May 24, 2024 shall be incorporated into building plans for residential units fronting East Main Street consistent with mitigation measure NOS-1. Minimum construction specifications for interior spaces include single-glazed (or better) windows and exterior walls with two layers of 5/8" gypsum wallboard attached to 2" by 4" wood studs featuring 24" on-center spacing, fiberglass batt fill in the stud cavities, and Page4 of 7
Planning Commission Resolution No. 11146
at least one layer of 5/8" interior-facing gypsum wallboard or a compliant alternative. Balconies of such units shall include a 42 inch high, 6-millimeter (0.236 inch) thick, sheet of Plexiglas (acrylic) on the interior-facing side of the balcony railings with one inch maximum bottom gap or a compliant alternative.
c. Building plans shall demonstrate compliance with Heating Ventilation and Air Conditioning performance standards pursuant to ECMC section
17.115.130(H) and in accordance with mitigation measure NOS-2. d. Submit a lighting plan in accordance with ECMC section 17.130.150. The plan shall indicate lighting for pedestrian and vehicular safety that is sufficient to minimize security problems. Light shall not be cast as to create a nuisance for adjacent properties. A photometric exhibit shall be required as part of the submittal and the design details for all exterior lighting elements.
e. Submit a Landscape Documentation Package ("LDP") for review and approval in conformance with the requirements of ECMC Chapter 17.195, ECMC section 17.60.180, and the City of El Cajon Landscape Design Manual. The LDP plans shall be consistent with the approved SDP site plan and TSM. Trees in the public right-of-way shall be provided with root barriers and permanent private irrigation.
f. Identify the site walls, retaining walls, and fencing on building permit and landscape plans. Walls and fencing shall be in substantial conformance with the materials approved by City Council.
g. Comply with Part 77 notification requirements to the Federal Aviation Administration ("FAA") for Gillespie Field pursuant to ECMC chapter
17.260. Provide a "Determination of No Hazard to Air Navigation" from the FAA or complete the self-certification.
h. Comply with the comments and conditions outlined in the letter from Helix Water District entitled "SDP-2023-00091050 E Main St, EL Cajon APN 489- 130-19-00" and dated February 8, 2024, incorporated herein by reference. i. Record the Final Map.
8. Prior to the granting of occupancy for any unit, or as otherwise determined by the Director of Community Development, all on-site improvements shall be completed or guaranteed in accordance with the approved SDP Permit No. 2023- 0009 and TSM No. 2023-0013 plans and applicable conditions of approval. In addition, the following items shall be completed and/ or inspected:
a. Complete the installation of the approved landscaping and irrigation system and submit a Certificate of Completion with all necessary attachments including a soil management report.
b. Pass a planning inspection verifying completion of all private improvements as identified in the plans.
Planning Commission Resolution No. 11146
c. Satisfy all requirements contained in this resolution of approval.
Building & Fire Conditions
9. A building permit is required. Applications for construction permits shall comply with all applicable laws, ordinances, and codes in effect at the time of application including the California Building Code, California Fire Code, California Mechanical Code, California Plumbing Code, California Electrical Code, and Green Building Standard Code.
10. Dedicate and maintain fire apparatus access lanes by red curb or signage. Fire access lane shall be a minimum 20 feet wide and 13 feet, 6 inches in height.
Engineering and Storm Water
11. All operations must be in compliance with the City's Storm Water Ordinance (ECMC Chapters 13.10 and 16.60) to minimize or eliminate pollutant discharges to the storm drain system.
12. Comply with all Engineering Services conditions outlined in the resolution for Tentative Subdivision Map No. 2023-0013.
General
13. SDP Permit No. 2023-0009 shall become null and void if accompanying TSM No. 2023-0013 is not recorded within the time frame permitted under the ECMC and Subdivision Map Act.
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Planning Commission Resolution No. 11146
PASSED AND ADOPTED by the El Cajon Planning Commission at a regular meeting held July 16, 2024, by the following vote:
AYES:
NOES:
ABSENT:
ATTEST:
CIRCO, EDISON, MROZ, POLLACK-RUDE, SOTTILE
NONE
NONE
✓
Rebecca POLLACK-RUDE, Chair
PLANNING COMMISSION RESOLUTION NO. 11147
A RESOLUTION RECOMMENDING CITY COUNCIL APPROVAL OF
TENTATIVE SUBDIVISION MAP NO. 2023-0013 FOR A ONE-LOT
CONDOMINIUM SUBDIVISION WITH 132 RESIDENTIAL
TOWNHOMES ON THE NORTH SIDE OF EAST MAIN STREET
BETWEEN NORTH MOLLISON A VENUE AND NORTH FIRST STREET
IN THE GENERAL COMMERCIAL ("C-G") ZONE AND MIXED-USE ("M U") OVERLAY ZONE; GENERAL PLAN DESIGNATION: GENERAL
COMMERCIAL; APN 489-130-19-00.
WHEREAS, the El Cajon Planning Commission held a duly advertised public hearing on July 16, 2024, to consider Site Development Plan Permit ("SDP") No. 2023- 0009 and Tentative Subdivision Map ("TSM") No. 2023-0013, requesting a one-lot condominium subdivision with 132 new residential townhomes, common recreational and parking areas, landscaping and public improvements on the north side of East Main Street between North Mollison Avenue and North First Street and addressed as 1050 through 1058 East Main Street; and
WHEREAS, the Planning Commission adopted the next resolution in order recommending City Council approval of the California Environmental Quality Act determination that the project is a subsequent activity within the scope of the Certified Final Program Environmental Impact Report for the City of El Cajon Housing Element Rezone Program, State Clearing House No. 2016031030; and WHEREAS, the Planning Commission adopted the next resolution in order recommending City Council approval of SDP Permit No. 2023-0009 authorizing the development of 132 residential townhomes and associated on- and offsite improvements; and
WHEREAS, at the public hearing the Planning Commission received evidence through public testimony and comment, in the form of verbal and written communications and reports prepared and presented to the Planning Commission, including (but not limited to) evidence such as the following:
A. The proposed map is consistent with the General Plan and General Plan goals related to housing that seek to provide a variety of residential development opportunities in the City.
B. The proposed map design results in a common interest residential project, which is consistent with the goals and objectives of the General Plan. Furthermore, the site is physically suited for the type of development as well as the density of the development that is proposed for this property.
Planning Commission Resolution No. 11147
C. The project site is surrounded by urban land uses and is void of rare or high quality vegetation communities or wetlands. There are no fish or wildlife populations that would be harmed with residential development of the subject property.
D. The design of the subdivision and its improvements are required to incorporate storm water management facilities that will contribute to healthier streams, rivers, bays and ocean. Further there are no known recognized environmental conditions at the site.
E. The proposed map will not conflict with easements of record or easements established by court judgment, acquired by the public at large, for access through or use of property within the proposed map.
NOW, THEREFORE, BE IT RESOLVED that based upon said findings of fact stated above, the El Cajon Planning Commission hereby RECOMMENDS City Council APPROVAL of Tentative Subdivision Map No. 2023-0013 for a residential condominium subdivision, on the above described property, subject to the following conditions:
Planning
1. Prior to the issuance of building permits, or as otherwise determined by the Director of Engineering Services, the final map for TSM No. 2023-0013 shall be recorded and the appropriate number of copies returned to the City.
2. The final map shall be accepted by the City Council and prepared for recordation in accordance with El Cajon Municipal Code ("ECMC") Chapter 16.20.
3. The recordation of the final map shall be in accordance with the time limits permitted in Government Code section 66452.6 et seq.
4. The final map shall be in substantial conformance with Tentative Subdivision Map No. 2023-0013.
5. Prior to Final Map, submit one electronic copy of the draft CC&Rs for approval by Planning, Storm Water, and the City Attorney. Prior to the issuance of the first Certificate of Occupancy, a Homeowner' s Association must be established and the CC&Rs recorded. A final approved set of CC&Rs must be submitted with the Final Map documents and recorded by the Title Company. The CC&Rs shall include the maintenance of the building exteriors, private streets, sidewalks, driveways, common lighting, common fencing and walls, storm water and sanitary sewer facilities, and common landscaping and recreational facilities, and shall contain the following language:
a. "This entire project and property shall be subject to all of the conditions and restrictions contained within the resolution adopted by the City of El Cajon which approved the tentative subdivision map for the project, as well as, being
Planning Commission Resolution No. 11147
subject to all the conditions and restrictions contained in any permits issued for the project which were approved by the City of El Cajon, along with accompanying site plans, elevations and landscape plans." b. "The City of El Cajon is hereby given supervisory jurisdiction over the enforcement of the provisions of this Declaration dealing with maintenance, cleanliness and repair of the landscape and pavement maintenance easement, and exterior appearance of the project. In the event of breach of any duty pertaining to such maintenance, cleanliness, repair or exterior appearance, the City of El Cajon may give written notice of such breach to the Association or Owners, together with a demand upon them to remedy such breach. If they refuse to do so, or fail to take appropriate action within 30 days of the receipt of such notice, the City of El Cajon shall have the standing and the right (but not the obligation) to both bring an action in a court of proper jurisdiction to enforce the provisions of this Declaration and/ or initiate abatement proceedings pursuant to the ordinances of the City of El Cajon. Nothing contained herein shall limit any other right or remedy which the City may exercise by virtue of authority contained in ordinance or state law." c. "The City Attorney of El Cajon must give prior approval to any amendments to this Declaration of Covenants, Conditions and Restrictions which deal with any of the following topics:
i. Amendments with regard to the fundamental purpose for which the project was created (such as a change from residential use to a different use), and amendments which would affect the ability of the City of El Cajon to approve or disapprove external modifications to the project.
11. Amendments with regard to the supervisory jurisdiction for enforcement granted to the City of El Cajon by this Declaration.
iii. Property maintenance obligations, including maintenance of landscaping, sidewalks, and driveways, and cleanliness or repair of the project." d. No alteration or modification shall be made to the maintenance easement and maintenance obligations which are contrary to the development plan approved by and on file with the City of El Cajon without the approval of the City. e. Off-street parking shall only occur in the approved parking spaces and individual private garages depicted on the final approved SDP Permit No. 2023-0009 site plan. No parking is permitted in required Fire lanes. f. Garage parking spaces at each unit shall be maintained and available for parking.
g. Refuse bins shall not be permitted to obstruct private driveways and/ or required fire lines. With the exception of collection day, refuse bins shall be
Planning Commission Resolution No. 11147
kept in residential garages as shown in the SDP Permit plans and architectural drawings. Refuse bins shall, further, only be permitted at the project interior during collection days.
h. Trees and landscaping in the public right-of-way shall be maintained by the Homeowner' s Association.
6. A disclosure to residents clearly outlining the issues associated with living in a mixed use environment shall be included in the CC&Rs to the satisfaction of Director of Community Development.
7. All common facilities or amenities shall be held in common and maintained by the Homeowner' s Association. The Final Map shall identify all HOA ownership and maintenance areas and grant any and all easements appropriate or necessary for maintenance.
8. All public and private improvements must be constructed or guaranteed prior to Final Map. The private improvements consist of all common improvements including street improvements, common landscaping or amenities, project walls and fences, and storm water infrastructure. The guarantee must include private and public improvement agreements and bonds. If the project is phased, a phasing plan must be submitted and approved prior to the issuance of building permits. The phasing plan must identify each phase and the corresponding public and private improvements that will be completed prior to any permit finals within each phase.
Engineering Services
1. A Final Map must be prepared by a registered civil engineer or a licensed land surveyor in accordance with Title 16 of the El Cajon Municipal Code and the Subdivision Map Act. In order to complete the process of subdividing the property, the owner is responsible for having a Final Map recorded with the County Recorder within two (2) years after approval of the Tentative Subdivision Map by the City Council or within the time limits of an extension granted in accordance with ECMC Title 16. The following are requirements of the Final Map:
a. Submit a current Preliminary Title Report and a Subdivision Guarantee, no older than 60 days, at the time the map is ready to record. b. Submit a County Tax Certificate valid at the time of map recordation. c. Set survey monuments and guarantee setting of any deferred monuments. d. Submit Will-Serve letters from Water Company, Gas and Electric Company, Phone Company and Cable TV Company.
e. Submit signature omission letters from all public easement holders who do not have a signature block on the map.
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Planning Commission Resolution No. 11147
f. Submit a letter stating if the required public improvements listed above will be completed prior to recording the Map or deferred by a Subdivision Agreement. g. The lots without building units are to be designated as a non-buildable lots for ingress and egress, water, sewer, and other utility purposes, or for the common use and benefit of the other lots.
2. Prior to Final Map recordation:
a. Submit a Drainage Study, Soils Report, Cost Estimates, and appropriate Storm Water Intake Forms together with a Grading and Drainage Plan prepared by a Civil Engineer, registered in the State of California. No grading or soil disturbance, including clearing of vegetative matter, shall be done until all necessary environmental clearances are secured and the Grading and Drainage Plan and Erosion Control Plan have been reviewed by the City. The plans shall comply with the City of El Cajon Jurisdictional Runoff Management Program and include an Erosion Control Plan. In accordance with ECMC Chapter 16.60, the project is categorized as a Priority Development Project and must further include, a Storm Water Mitigation Plan, Storm Water Pollution Prevention Plan from the San Diego Regional Water Quality Control Board, and appropriate Storm Water Facilities and Maintenance Agreements to the satisfaction of the City Engineer.
b. Construct street improvements on East Main Street. A detailed scaled drawing showing the plan and profile and typical sections of the public street, curb and gutter, and drainage facilities, as required, shall be prepared by a Civil Engineer registered in the State of California and shall be submitted to the City for approval. All damaged concrete curb and gutter, and sidewalk shall be repaired and existing facilities in conflict with construction relocated as necessary. In addition to those reflected in the Tentative Subdivision Map and Preliminary Grading Plan, improvements shall include:
i. The roadway shall further be repaired and restored to its pre-construction condition to the satisfaction of the City Engineer. Asphalt grind and overlay across the full width of East Main Street along the property frontage may be required consistent with requirements for moratorium streets.
ii. Close all unused existing driveways and install full height curb, gutter, and PCC sidewalk along the entire frontage of the property on East Main Street in accordance with San Diego Regional Standard Drawing G-26 to the satisfaction of the City Engineer.
iii. The proposed driveway along East Main Street shall be constructed in accordance with San Diego Regional Standard Drawing, G-26.
Planning Commission Resolution No. 11147
c. Install separate gravity sewer services, water services (including meters) and other utilities to each parcel with a building unit in accordance with the El Cajon Municipal Code. Wet-tap fees are required. The proposed sewer and water laterals serving the parcel shall be private. A double cleanout is required at the property line for all sewer laterals. Maintenance of the private sewer and water laterals shall be the responsibility of the homeowners. Connections to the City sewer system and payment of connection fees are required with Building Permits.
d. The proposed sewer main to serve the subdivision shall be private. A detailed scaled drawing showing the plan and profile of the sewer main, manhole locations, and laterals shall be prepared by a Civil Engineer registered in the State of California. The sewer main shall be designed and built in accordance with the City of El Cajon Improvement Standards for Public Sewer Mains and submitted to the City for review. Maintenance of the private sewer main shall be the responsibility of the property owner(s)/HOA. Connections to the City sewer system and payment of connection fees are required with Building Permits.
e. The proposed storm drain system to serve the subdivision shall be private. A detailed scaled drawing showing the plan and profile of the private storm drain system and manhole locations shall be prepared by a Civil Engineer registered in the State of California. The storm drain system shall be designed and built in accordance with the City of El Cajon Improvement Standards for Public Drainage Systems and submitted to the City for review. Maintenance of the private storm drain system shall be the responsibility of the property owner (s)/HOA or their assigns. All necessary easements, agreements, and/ or instruments permitting the installation and assuring the maintenance of drainage systems and improvements on separate private properties shall be furnished to the City prior to plan approval.
Improvement drawings shall also reflect the installation of a new 60-inch storm drain manhole along North Mollison Avenue at the connection with the City of El Cajon storm drain system and provide for the upsizing of the adjacent downstream pipe segment to a 32-inches consistent with the SDP and TSM exhibits.
f. Underground all new utility distribution facilities within the subdivision boundaries in accordance with ECMC sections 16.16.040(D) and 16.52.010. g. An Encroachment Permit is required prior to any work within the public right of-way.
Planning Commission Resolution No. 11147
3. El Cajon Municipal Code section 16.16.060 provides that, in lieu of constructing the required improvements prior to recording of the final map, the subdivider may enter into an agreement, which guarantees construction. Such agreement shall be accompanied by improvement security in accordance with El Cajon Municipal Code section 16.16.080 and a certificate of insurance provided by the subdivider in accordance with City Council Policy D-3.
4. Submit a copy of the Conditions, Covenants, and Restrictions (CC&R's) for the property, that includes Water Quality Protection language (CC&R Sample Language is available on City Website), which addresses residential compliance with City of El Cajon Municipal Code section 13.10.080.
5. Existing streets shall be kept free of dirt and debris and maintained in good condition.
Dust shall be controlled so that it does not become a nuisance. The developer shall be responsible for the repair of any streets or private property damaged as a result of the construction of the subdivision.
6. Landscaping at the entrance of the driveways shall be kept low to provide adequate sight distance.
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Planning Commission Resolution No. 11147
PASSED AND ADOPTED by the El Cajon Planning Commission at a regular meeting held July 16, 2024, by the following vote:
AYES:
NOES:
ABSENT:
ATTEST:
CIRCO, EDISON, MROZ, POLLACK-RUDE, SOTTILE
NONE
NONE
Rebecca POLLACK-RUDE, Chair