The URL can be used to link to this page

Home My WebLink AboutCC RESO 2007-87RESOLUTION NO. 2007 — 87 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY APPROVING MODIFICATION OF THE CONDITIONS OF APPROVAL OF TENTATIVE SUBDIVISION MAP (S-2006-7) TO WAIVE THE REQUIREMENT TO UNDERGROUND EXISTING UTILITIES AND TO REQUIRE AN ENHANCED LEVEL OF LANDSCAPING, AT AN EXISTING INDUSTRIAL PARK AT 1445-1645 TIDELANDS AVENUE APPLICANT: VOIT COMPANIES CASE FILE NO. 2007-7 M1 WHEREAS, application was made for approval of a Modification of the Conditions of Approval of Tentative Subdivision Map, S-2006-7, a subdivision creating condominium ownership of an existing industrial park at 1445-1645 Tidelands Avenue, on property generally described as: A parcel of land located in the City of National City, County of San Diego, State of California, being that portion of the California Southern Railroad (predecessor of the Atchison Topeka Santa Fe Railway Company) terminal grounds, as said terminal grounds are shown on map of National City, California, filed October 2, 1882, as per Map No. 348, in the Office of the Recorder of said County. WHEREAS, the Planning Commission considered Tentative Subdivision Map (S- 2006-7) a request to create condominium ownership of an existing industrial park at 1445-1645 Tidelands Avenue at a public hearing held on October 2, 2006, and by Resolution recommended approval of the Tentative Subdivision Map; and WHEREAS, the City Council considered Tentative Subdivision Map S-2006-7 at a public hearing held on November 21, 2006, at which time oral and documentary evidence was presented and the City Council adopted Resolution No. 2006-257 approving of the Tentative Subdivision Map; and WHEREAS, the Planning Commission considered said application 2007-07 M1, a request to modify a Condition of Approval of said Tentative Subdivision Map to waive the requirement to underground existing utilities, at a public hearing held on March 19, 2007, and by Resolution recommended denial of the application to modify the Conditions of Approval; and WHEREAS, the City Council considered said application, 2007-07 M1, a request to modify a Condition of Approval of Tentative Subdivision Map S-2006-7, to waive the requirement to underground existing utilities, at a public hearing held on April 17, 2007, at which time oral and documentary evidence was presented; and WHEREAS, at said public hearing the City Council considered the staff report prepared for Case File No. 2007-7 M1 which is maintained by the City, and incorporated herein by reference; along with evidence and testimony at said hearing; 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. Resolution No. 2007 — 87 May 1, 2007 Page 2 NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby approves the Modification of the Conditions of Approval of Tentative Subdivision Map, a condominium subdivision at 1445-1645 Tidelands Avenue, to waive the requirement to underground existing utilities, Condition Number 14, subject to modification of Condition Number 8 to require enhanced landscaping prior to recordation of the final map, based on the following findings: 1. The waiver to underground existing utilities will not be detrimental to the public health, safety, or welfare or be detrimental to the use of other properties in the vicinity as subject property is located within an industrial area where above ground utilities are prevalent. 2. The waiver to underground existing utilities would not result in decreased property valuation as there is not a comprehensive plan to underground utilities within the general area. 3. The increase in vegetation for the purpose of enhancing the visual qualities within an industrial area would further enhance the general condition of the area and would be a benefit to the surrounding properties. BE IT FURTHER RESOLVED that based on the findings hereinbefore stated, said Modification of the Conditions of Approval of Tentative Subdivision Map S-2006-7 to waive the requirement to underground the utilities and to require enhanced landscaping at 1445-1645 Tidelands Avenue is hereby approved, subject to the following modification of conditions contained in Resolution 2006-257: 1. Condition Number 14 which states that "AII utility distribution facilities within the boundaries of the subdivision and within the half street abutting the new subdivision shall be placed underground" is deleted. 2. Condition Number 8 of Resolution 2006-257 is revised as follows: The applicant shall submit, to the Planning Department, three copies of an enhanced landscape and irrigation plan that identifies existing and proposed landscaping and irrigation. The plan shall indicate plant species and plant sizes of all proposed landscape materials. The plan shall indicate additional plant material that enhances the existing planting to include ground cover, 5-gallon shrubs, and 24" box trees or greater and/or 12' BTH palms or greater. The plan shall be subject to review and approval by the Planning Department. All landscaping and the automatic irrigation system shall be installed and inspected by the Planning Department prior to recordation of the Final Map. 3. Before this Modification (2007-07 M1) of the Conditions of Approval of Tentative Subdivision Map S-2006-7 shall become effective, the applicant and the property owner both 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 Modification of Resolution No. 2007 — 87 May 1, 2007 Page 3 the Conditions of Approval of the Tentative Subdivision Map. 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 the Tentative Subdivision Map 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 Attomey and signed by the Planning Director prior to recordation. BE IT FURTHER RESOLVED that all other Conditions of Approval contained within Resolution 2006-257 remain applicable to Tentative Subdivision Map 2006-7, as provided in Exhibit A, and copies of this Resolution shall be transmitted forthwith to the applicant. 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 govemed by the provisions of Code of Civil Procedure Section 1094.6. PASSED and ADOPTED this 1st day of May, 2 ATTEST: A Mic ael R. Dalla, ty Clerk APPROVED AS TO FORM: George H. Eiser, III City Attorney on Morrison, Mayo Passed and adopted by the Council of the City of National City, Califomia, on May 1, 2007 by the following vote, to -wit: Ayes: Councilmembers Morrison, Natividad, Parra, Ungab, Zarate. Nays: None. Absent: None. Abstain: None. AUTHENTICATED BY: RON MORRISON Mayor of the City of National City, California 4 14/ City Jerk of the City f National City, California By: Deputy I HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of RESOLUTION NO. 2007-87 of the City of National City, California, passed and adopted by the Council of said City on May 1, 2007. City Clerk of the City of National City, California By: Deputy