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HomeMy WebLinkAboutCC RESO 15,741RESOLUTION NO. 15,741 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY, CALIFORNIA, APPROVING A TENTATIVE PAR(F:T, MAP FOR THE DIVISION OF ONE EXISTING PAR( 0a , INTO TWO PARCELS AND ZONE VARIANCE FOR ACCESS FROM VAN NESS AVENUE VIA AN EASEMENT ACROSS ONE LOT TO ANOTHER AT 2229 VAN NESS AVENUE. APPLICANT: ALGERT ENGINEERING, INC. CASE FTTF NOS. LS-1-88/Z-1-88 WHEREAS, the appeal of the applicant from the Planning Commission's denial of application for tentative parcel map and zone variance was considered by the City Council of the City of National City at a public hearing held on September 13, 1988, at which time oral and documentary evidence was presented; and WHEREAS, at said public hearing the City Council considered the entire contents of Case File Nos. LS-1-88, Z-1-88 and IS-88-12, which are maintained by the City, and incorporated herein by reference; and, WHEREAS, this action is taken pursuant to all applicable procedures required by State and City law; and, WHEREAS, the action recited herein is found to be essential for the preservation of public health, safety and general welfare. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of National City that testimony and evidence presented to the City Council at the public hearing held on September 13, 1988 support the following findings: Zone Variance 1. That because of special circumstances applicable to the property, including size, shape, topography, location or surroundings, the strict application of Title 18 of the Municipal Code (Zoning) deprives such property of privileges enjoyed by other property in the vicinity and under identical zoning classification, since other lots have been subdivided, in a similar manner, without street frontage. 10 other parcels in the block front on unimproved Harbison Avenue. The 19,247 sq.ft. parcel contains only 66 ft. of frontage on an improved street. 2. That the requested variance is subject to such conditions which will assure that the adjustment authorized will not constitute a grant of special privileges inconsistent with the limitation upon other properties in the vicinity and zone in which such property is situated, since other properties in the area have boon subdivided in a similar manner, and the subject property cannot be subdivided without the variance. '3. That the variance does not authorize a use or activity which is not otherwise expressly authorized by the zoning regulations governing the parcel of property. The property is zoned for two-family residential use. Development is not proposed at this time. Tentative Parcel Map 1. The tentative reap complies with the lot size, access and improvement standards specified by Section 17.36.040 of the National City Municipal Code. a. Curbs, sidewalks and paving are installed along all public street fiuutages of the property so divided when the property so divided consists of lots one acre or less; b. Separate and individual sanitary sewer facilities and connections :hall be made to each lot created; c. All lot sizes shall conform to the provisions of the Zoning Ordinance. If any of the standards desired by the applicant are less than those required by the Zoning Ordinance, the lot split shall be processed as a variance as established by the Zoning Ordinance; d. No lot contained in such proposed subdivision shall conflict with any street, highway, p rk, playground, public building or other type of public project indicated on a master plan or precise plan; e. No lot in such proposed subdivision may be subject to flood or inundation; f. The lots conform generally to the requirements prescribed for a subdivision of five lots or more; g. No division be permitted that will block the development of adjacent property; 2. The proposed subdivision, together with the provisions for its design and improvements is consistent with the General Plan, since the applicable Two -Family Residential designation permits a minimum lot size of 5,000 sq.ft. 3. The proposed map is consistent with applicable general and specific plans (there is no applicable specific plan). 4. The site is physically suitable for the proposed residential type of development, since it is adjacent to the same type of development. '5. The site is physically suitable for the proposed density of development, since each lot contains in excess of 5,000 square feet and the site contains a land area of 19,247 square feet. The site can be developed with minimal grading required for residences on proposed lots. 6. The design of the subdivision or the proposed improvements are not likely to cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat, as indicated by the initial study completed for the project. 7. The design of the subdivision or the type of improvements are not likely to cause serious public health problems, since all necessary public services will be provided. 8. The design of the subdivision or the type of improvements will not conflict with easements, acquired by the public at large, for access through or use of property within the proposed subdivision, since no such easements are located on the site. 9. The discharge of sewerage waste from the subdivision into the City of National City sewer system will not result in violation of existing requirements prescribed by the California Regional Water Quality Control Board pursuant to Division 7 (commencing with Section 13000) of the Water Code, as specified by Government Code Section 66474.6). 10. The subdivision has been considered by the Planning Commission with regard to its effect on the housing needs of the region, and these needs are balanced by the public service needs of the residents and available fiscal and environmental resources. 11. The design of the subdivision provides, to the extent feasible, for future passive and natural heating and cooling opportunities in the subdivision, based on consideration to local climate, contour, property configuration and other design and improvement requirements without requiring reduction in allowable density or lot coverage. BE IT FURTHER RESOLVED, that the City Council has considered the propr-ed Negative Declaration No. IS-88-12 together with any comments received during the public review process, finds on the basis of the Initial Study and any comments received that there is no substantial evidence that the project will have a significant effect on the environment, approves the Negative Declaration, and authorizes the filing of a Notice of Determination. BE IT FURTHER RESOLVED that the applications for Tentative Parcel Map LS-1-88 and. Zone Variance Z-1-88 are approved subject to the following conditions: Zone Variance 1. The driveway to parcel 2 shall be paved per soils report recoimendation, or 2" A.C. over 4" A.B. minimum, subject to approval by the City Engineer. 2. The easement shall be a minimum 20 feet with an all weather surface in accordance with the Uniform Fire Code. If the 20 ft. width cannot be provided, the subdivider or developer shall provide a suitable alternative to the satisfaction of the Fire Department, such as sprinkler protection. 3. Fire lanes shall be provided as designated by the Fire Department. 4. A turn around access for fire apparatus may be required depending upon the future development of parcel #2. 5. Required fire flow cannot be determined at this time. This will be determined when the future development of parcels is known. 6. A fire hydrant shall be within 300 ft. of all areas of the project. 7. A grading plan and a soils report supporting the proposed grading prepared by a registered civil engineer and soils engineer respectively, shall be submitted to the City Engineer for his approval prior to issuance of a building permit or any on -site grading. 8. The developer shall submit a detailed landscape/irrigation plan showing installation of erosion retardant materials on all slopes for approval by the Planning Director prior to issuance of a grading permit for the site. 9. All erosion retardant landscaping shall be installed at the time the site is graded. 10. At the time of issuance of a building permit, an easement for sewer lateral tying to the sewer line east of Harbison Avenue will be required. 11. Before this Variance shall become effective, the applicant shall sign and have notarized an Acceptance Form, provided by the Planning Department, acknowledging and accepting all conditions imposed upon the approval of this permit. The applicant shall also submit evidence to the satisfaction of the Planning Director that a Notice of Restriction on Real Property is recorded with the County Recorder. The applicant shall pay necessary recording fees to the County. The Notice of Restriction shall provide information that conditions imposed by approval of Variance No. Z-1-88 are binding on all present or future interest holders or estate holders of the property. The Notice of Restriction shall be approved as to form by the City Attorney and signed by the Planning Director prior to recordation. 12. This variance shall become null and void if not exercised within two years after adoption of the resolution of approval unless extended according to procedures specified in Section 18.116.190 of the Municipal Code. Tentative Parcel Map 1. A Covenant running with the land not to protest a 1911 Act Improvement for Harbison Avenue improvements shall be recorded prior to recordation of the final map. 2. Dedication for future Harbison Avenue improvements shall be provided along the entire eastern property line of Parcel 2, extending 30 ft. west of the centerline. 3. The Final Map shall abide by all the requirements of the Subdivision Map Act and the National City Municipal Code, including certification, acknowledgment, complete boundary information and monumentation. 4. Developer shall perform the work or enter into an agreement to complete the monumentation, public improvements and any on -site grading prior to approval of the final map. 5. A zone variance shall be approved with regard to access from Van Ness Avenue via easement across one lot to another. All conditions of approval for the variance shall be applicable to the final parcel map. 6. The subdivider shall submit a letter to the Sweetwater Authority stating fire flow requirements and shall enter into an agreement for any required water facility improvements with the Authority prior to approval of the Final Map. 7. The approval of the tentative parcel map expires 2 years after adoption of the Resolution of approval at 5:00 p.m. unless prior to the date a request for time extension not exceeding an additional 3 years has been filed as provided by Section 66452.6 (e) of the California Government Code. 8. A covenant running with the land shall be recorded to provide an easement for access and utility purposes to parcel 2 from Van Ness Avenue, as noted on the tentative parcel map. BE IT FURTHER RESOLVED that copies of this Resolution shall be transmitted forthwith to the applicant. RE IT FURTHER RESOLVED that this Resolution shall become effective and final on the day following the City Council meeting where the resolution is adopted. PASSED AND ADOPiEU this 20th day of September, 1988. GEORGE H . ATERS , MAYOR ATTEST: IONE/CAMPBELL, CITX' CLERK APPROVED AS TO FORM: GEO1(GE H. EISER, III -CITY ATTORNEY