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HomeMy WebLinkAboutCC RESO 91-239RESOLUTION NO. 91- 2 3 9 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY APPROVING MODIFICATION OF PLANNED UNIT DEVELOPMENT -1-87 TO ALLOW TWO-WAY TRAFFIC CIRCULATION WITHIN THE SITE, A SINGLE FENCE BETWEEN THE UNITS AND A SIGN 12 FT. FROM THE FRONT PROPERTY LINE FOR PROPERTY LOCATED AT THE NORTHWEST CORNER OF SWEETWATER ROAD AND REO DRIVE. APPLICANT: WITKIN DESIGN, INC. CASE FILE NO.: PUD-1991-1 WHEREAS, the City Council of the City of National City, California, considered modification of Planned Unit Development -1-87 and previously certified Environmental Impact Report No. 87-15 to allow two-way traffic circulation within the site in lieu of one-way traffic circulation, a single fence between the units in lieu of a landscape strip as approved, and a sign 12 ft. from the front property line in lieu of the 20 ft. distance required for property located at the northwest corner of Sweetwater Road and Reo Drive at the public hearing held on November 26, 1991, 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 No. PUD-1991-1 which is maintained by the City, and incorporated herein by reference; and, WHEREAS, this action is taken pursuant to all 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, California, that the testimony and evidence presented to the City Council at the public hearing held on November 26, 1991, support the following findings: A. That the site for the proposed use is adequate in size and shape, since there is adequate area to locate the sign 12 ft. from the front property line and allowing two- way traffic circulation in lieu of one-way circulation will not affect the configuration of the site. Also, fencing between units will not affect the location of any buildings or reduce the size of the site. B. That the site has sufficient access to streets and highways that are adequate in width and pavement type to carry the volume and type of traffic generated by the Continued on Page Two Resolution No. 91-239 Page 2 of 4 proposed use, since proposed changes to allow the location of the entry sign 12 ft. from the front property line and to allow two-way circulation are not expected to generate additional traffic. The width of private streets within the project is adequate since no on -street parking will be permitted. C. That the proposed use will not have an adverse effect upon adjacent or abutting properties, since the project identification sign will not interfere with sight distance requirements and two-way traffic circulation will be located entirely within the project boundaries. D. That the proposed use is deemed essential and desirable to the public convenience or welfare, since the sign will serve to identify the project, two-way traffic circulation within the site will provide convenient access to all units and proposed fencing will provide larger, private yard areas for residents of the development. E. Such modification is necessary to protect the public interest and/or adjacent or abutting properties, since there is inadequate area outside the 20 ft. setback to locate the project identification sign and the sign will serve to identify the development, and larger private yard areas will be provided for the enjoyment of residents. F. Deletion of the condition requiring one-way traffic circulation for the roadway loop within the project is necessary to permit reasonable operation and use under the planned unit development permit, since allowing two-way circulation within the site will provide convenient access to all units. BE IT FURTHER RESOLVED that the City Council finds that changes to the proposed project do not require revisions to the previously certified EIR No. 87-15 since they do not result in new significant environmental impacts not considered in the EIR and that mitigation measures required by EIR No. 87-15 are incorporated into conditions of approval, and authorizes the filing of a Notice of Determination. BE IT FURTHER RESOLVED that the application for modification of Planned Unit Development Permit -1-87 is approved subject to the following conditions: 1. Signs shall be posted and curbs painted red indicating no parking on either side of the street in accordance with the Uniform Fire Code. 2. A permit shall be obtained for the entryway sign. Plans for the sign shall be in substantial conformance to Exhibit A, dated 7/30/91, Case File No. PUD-1991-1. Continued on Page Three Resolution No. 91-239 Page 3 of 4 3. Plans for fencing shall be submitted for review and approval by the Planning Director. Fencing shall be of solid wood or similar construction with a maximum height of 6 feet. 4. A landscape and irrigation plan for all private yard areas shall be submitted for review and approval by the Planning Director. The plans shall indicate the type and location of irrigation equipment and hydroseed lawn for all private yards. Installation of irrigation equipment and hydroseed shall be completed for all yards prior to approval of a certificate of occupancy for any unit. 5. The recorded covenants, conditions and restrictions (CC&R's) shall be modified to require each owner to prepare a landscape plan for approval by the homeowners association. The homeowners association shall ensure that landscaping is installed and continuously maintained in accordance with the approved plan for each unit. 6. Use of the property as authorized by this permit shall be limited to 40 detached condominiums and common recreational facilities, with two-way traffic circulation, an entryway sign and fencing as shown on Exhibit A, dated 7/30/91, Case File No. PUD-1991-1. 7. Before this Planned Unit Development Permit 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. Failure to return the signed and notarized Acceptance Form within 30 days of its receipt shall automatically terminate the Planned Unit Development 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 Planned Unit Development Permit No. 1991-1 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. 8. Except as modified by the above conditions, all conditions required by City Council Resolution Nos. 15,495 and 15,496 shall apply. 9. This permit shall become null and void if not exercised within one year after adoption of the resolution of approval unless extended according to procedures specified in Section 18.116.190 of the Municipal Code. Continued on Page Four Resolution No. 91-239 Page 4 of 4 BE IT FURTHER RESOLVED that copies of this Resolution be transmitted forthwith to the applicant. BE IT FURTHER RESOLVED that this action shall become final and effective on the date of its adoption. The time within which judicial review of this decision may be sought is governed by the provisions of Code of Civil Procedures Section 1094.6. PASSED AND ADOPTED this loth day of December, 1991. ATTEST: GEORGE . WATERS, MAYOR LOU ANNE PEOPLES C TY CLERK APPROVED AS TO FORM: vJ. 312. GEORGE H. EISER, III -CITY ATTORNEY