Loading...
HomeMy WebLinkAboutCC RESO 92-28RESOLUTION NO. 92-28 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY APPROVING MODIFICATION OF PLANNED UNIT DEVELOPMENT-1991-1 REGARDING THE LANDSCAPING OF PRIVATE YARD AREAS FOR THE BELLA BONITA PROJECT AT SWEETWATER ROAD AND REO DRIVE. APPLICANT: TORREY SIERRA CORPORATION CASE FILE NO. PUD-1992-1 WHEREAS, the City Council of the City of National City, California considered modification of Planned Unit Development-1991-1 regarding the landscaping of private yard areas for the Bella Bonita project at Sweetwater Road and Reo Drive at the public hearing held on February 18, 1992, 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-1992-1 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 February 18, 1992 support the following findings: A. That the site for the proposed use is adequate in size and shape, since installation of irrigation equipment and hydroseeding private yards 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 proposed use, since landscape improvements will not have any impact on traffic. C. That the proposed use will not have an adverse effect upon adjacent or abutting properties, since private yards are enclosed in fencing and are not visible from adjacent streets. CONTINUED ON PAGE 2 Page 2 of 3 Resolution No. 9 2-2 8 D. That the proposed use is deemed essential and desirable to the public convenience or welfare, since allowing occupancy of each individual unit with landscaping only for its individual yard rather than for all private yards will save water. E. Such modification is necessary to protect the public interest and/or adjacent or abutting properties, since water will be saved if landscaping is installed in each individual yard just prior to occupancy of that unit. BE IT FURTHER RESOLVED that the application for modification of Planned Unit Development 1991-1 is approved subject to the following conditions: 1. 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 and hydroseed lawn for all private yards. All project improvements including but not limited to all perimeter landscaping, and installation of irrigation equipment and hydroseeding of the private yard area of the unit for which a certificate of occupancy is being requested, shall be completed to the satisfaction of the Planning Director prior to issuance of a certificate of occupancy for a unit. 2. Before this Planned Unit Development 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 this 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 any necessary recording fees to the County. The Notice of Restriction shall provide information that conditions imposed by approval of Planned Unit Development No. 1992-1 are binding on all present and future 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. 3. Except as modified by the above conditions, all condition required by City Council Resolution Nos. 15,495 and 15,496 and 91-239 shall apply. 4. 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 18.116.90 of the Municipal Code. CONTINUED ON PAGE 3 Page 3 of 3 Resolution No. 9 2- 2 8 BE IT FURTHER RESOLVED that copies of this Resolution shall be transmitted forthwith to the applicant; and 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 Procedures Section 1094.6. PASSED AND ADOPTED this 18th day of February, 1992. GEORGE ff. WATERS, MAYOR AI 1hST: LORI NE PEOPLES, CITY LERK APPROVED AS TO FORM: GE O GE H. EISER, III -CITY ATTORNEY OPE H.