HomeMy WebLinkAboutCC RESO 92-220RESOLUTION NO. 92-220
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF NATIONAL CITY,
APPROVING A TENTATIVE PARCEL MAP TO DIVIDE ONE
PARCEL INTO TWO PARCELS FOR PROPERTY LOCATED AT
2208-2210 RACHAEL AVENUE.
APPLICANT: ROGELIO & EMERITA TIPAY.
CASE FILE NO. LS-1992-2.
WHEREAS, the appeal of the applicant from the Planning Commission's denial of an
application for Tentative Parcel Map and of an application for Zone Variance was considered by
the City Council of the City of National City at a public hearing held on November 24, 1992, at
which time oral and documentary evidence was presented; and
WHEREAS, at said public hearing the City Council considered the staff report contained
in Case File Nos. LS-1992-2, Z-1992-3, and IS-1992-18 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
November 24, 1992 support the following findings for approval of the tentative parcel map:
1. The proposed map is consistent with the National City General Plan and applicable
specific plans, since each proposed parcel will measure more than the minimum of
5,000 square feet required for lots in the RT zone. Previous dedications of public
right-of-way satisfy the requirements of Specific Plan No. 14-76, Ordinance 1534,
which applies to the property.
2. The site is physically suitable for the proposed type of development, since there are
no physical constraints which prohibit development on the property.
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Resolution No. 9 2- 2 2 0
Page 2 of 6
3. The site is physically suitable for the proposed density of development, since each
parcel has adequate area for the proposed development.
4. The design of the subdivision or the proposed improvements are not likely to cause
substantial environmental damage or substantially and avoidably injure fish or
wildlife or their habitat, since the site is disturbed and does not provide for fish or
wildlife habitat.
5. 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.
6. 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.
7. 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.
8. 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.
9. The design of the subdivision provides, to the extent feasible, for future passive and
natural heating and cooling opportunities in the subdivision, based on consideration
of local climate, 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 proposed
Negative Declaration No. IS-1992-18 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.
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Resolution No. 9 2- 2 2 0
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BE IT FURTHER RESOLVED that the application for Lot Split 1992-2 is approved
subject to the following conditions:
1. A revised drainage plan shall be prepared and submitted showing all proposed and
existing on -site and off -site improvements. The plan shall show the profiles of the
retaining wall and proposed driveway with all pertinent elevations. A transition
must be provided for the driveway at the grade break from 2% to 15% gradient.
The plan shall address the construction of the proposed 2 to 1 slope. The top of the
slope shall observe a minimum 2 ft. setback from the property line. The driveway
thickness shall be a minimum of 4 inch P.C.C. The drainage plan shall also address
erosion control. No work shall commence on private property until the revised
drainage plan is approved by the Engineering Department. This includes grading
for the driveway. No grading in excess of 100 cubic yards will be allowed, unless a
grading plan is submitted and approved by the City Engineer.
2. A permit shall be obtained from the Engineering Department for the required
improvement work on Rachael Avenue and for construction of the proposed
retaining wall and the driveway slab on private property. The permit fee will be
$60.00. The improvement work on Rachael Avenue will be as follows:
a. The removal and replacement of the section of the sidewalk, as marked.
b. The construction of a second 16 ft. "G-14" driveway to serve Parcel 1, as per
approved driveway variance (City Council Resolution No. 92-115). The
tentative parcel map and the drainage plan shall show the second proposed
driveway.
c. The removal of the existing driveway, and its replacement with a 20 ft. wide
minimum driveway, as per Standard Drawing "G-14". The new driveway shall
not be in conflict with the existing curb inlet.
d. Removal and replacement of a portion of the top slab at the curb inlet
adjacent to the sidewalk.
e. Removal and replacement of a portion of the street pavement as marked.
All new street improvement work shall be shown on the drainage plan.
3. A title report shall be submitted to the Engineering Department for review
of all existing easements and ownerships affecting the property. The report
shall indicate the existence and ownership of any drainage easements
affecting the property.
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Resolution No. 9 2- 2 2 0
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4. A block wall shall be constructed along the northerly property line if any earth is to
be retained.
5. The northerly side of the proposed buildings on Parcels 1 and 2 shall be paved with
concrete for proper drainage. A graded swale will not be accepted due to the
narrow setback distance from the property line.
6. A drainage agreement/easement shall be executed between the subsequent owners
of Parcels 1 and 2 consenting to the proposed site drainage pattern and relieving the
City of National City from any responsibility or liability. The agreement shall be
submitted to the Engineering Department prior to the approval of the final map.
7. The final map shall meet all of the requirements of the Subdivision Map Act and
the National City Municipal Code including certification, acknowledgment,
complete boundary information and monumentation.
8. Water and sewer laterals shall be provided to each parcel. The drainage plan and
the tentative map shall show the sewer laterals and clean outs. The sewer laterals
shall be a minimum of 6 inches in diameter. Sewer and driveway access easements
shall be executed between Parcels 1 and 2. All easements shall be created on the
final map. The subdivider shall obtain Sweetwater Authority Board approval for the
provision of water service via the easements.
9. The developer shall bond for the monumentation, the public improvements on
Rachael Avenue and the on -site drainage, landscaping and other improvements
through an agreement with the City prior to the approval of the final map. The
bond shall not include the buildings, water or sewer facilities. A cost estimate shall
be submitted and approved for the determination of the bond amounts. Three
percent of the cost estimate shall also be deposited with the final map and the plan
to cover the plan review and inspection costs.
10. All new utility distribution facilities within the boundaries of the subdivision and
within the half street abutting the new subdivision shall be placed underground.
11. The final map shall be recorded prior to building occupancy.
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Resolution No. 92-220
Page 5 of 6
12. A grading and drainage plan prepared by a registered civil engineer shall be
submitted shall be subject to approved by the Engineering Department. The
grading plan shall show the improvement of the existing natural drainage channel in
accordance with City requirements. There shall be no encroachments onto the gully
or the sewer easement. The dedication of an easement to the City for the
maintenance of the gully will be required and shall be shown on the final map. The
grading plan shall also address the regrading of the southerly side of the channel in
front of Parcels 1 and 2 so water can be conveyed without flooding the adjacent
property or causing erosion.
13. The subdivider shall deposit with the City a full bond for the installation of the
required street improvements on Harbison Avenue. This deposit will be used for
the future improvement of the street, and shall be made prior to the approval of the
final map.
14. The driveway shall be 20 ft. wide (unobstructed width) and be of an all weather type
surface (paved). If the driveway exceeds 150 ft. in length and reaches a dead-end, a
turn -around must be provided for fire apparatus. The design of the turn -around
shall be subject to approval of the Fire Marshal whose approval shall be obtained
prior to approval of the Final Map. In lieu of the 20 ft. wide driveway and
turnaround, the most westerly residence must be fire -sprinkler protected. Plans for
any fire -sprinkler shall be prepared in accordance with City Standards and subject to
approval of the Fire Marshal.
15. Each parcel shall have a minimum size of 5,000 square feet.
16. 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.
17. All erosion retardant landscaping shall be installed at the time the site is graded.
18. The subdivider shall submit a letter to the Sweetwater Authority stating fire flow
requirements and shall enter into an agreement for water facility improvements with
the Authority to serve each lot prior to approval of the Final Map. Prior to the
approval of any permits for grading or for construction of new buildings, verification
shall be provided from Sweetwater Authority that water service will be provided.
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19. 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.
20. The final map shall show the combining of proposed parcels 2 and 3 as shown on
Exhibit "A", dated 8/02/92, Case File No. LS-1992-2.
21. Prior to recordation of the final map, evidence that all conditions of approval of
Zone Variance Z-1992-3 have been satisfied shall be submitted to the Planning
Department.
BE IT FURTHER RESOLVED that this resolution shall become effective and
final on the day following the City Council meeting where the resolution is adopted. The
time within which judicial review of this decision may be sought is governed by the
provisions of Code of Civil Procedure Section 1094.6.
PASSED and ADOPTED this 8th day of December, 1992.
GEORGE WATERS, MAYOR
A 1'1'EST:
LORI ANNE PEOPLES, CITY CLERK
APPROVED AS TO FORM:
GEORGE H. EISER, III -CITY ATTORNEY