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HomeMy WebLinkAboutCC RESO 2008-252RESOLUTION NO. 2008 — 252 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY APPROVING A MODIFICATION OF A CONDITIONAL USE PERMIT TO RECONFIGURE PREVIOUSLY APPROVED PARKING AND OPEN SPACE FOR A DUPLEX BEHIND AN EXISTING HOME AT 720 I AVENUE APPLICANT: JESUS GONZALEZ CASE FILE NO. M1 CUP-2002-17 WHEREAS, the City Council of the City of National City considered the modification of a Conditional Use Permit to reconfigure previously approved parking and open space for a duplex behind an existing home at 720 I Avenue (APN: 556-414-05) at a duly advertised public hearing held on November 18, 2008, at which time oral and documentary evidence was presented; and WHEREAS, at said public hearings the City Council considered the staff report contained in Case File No. M1 CUP-2002-17, which is maintained by the City and incorporated herein by reference along with evidence and testimony presented at said hearing; and WHEREAS, this action is taken pursuant to all applicable procedures required by State law 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 the testimony and evidence presented to the City Council at the public hearings held on November 18, 2008, support the following findings: 1. That the site for the proposed use is adequate in size and shape, since all required parking and open space area can be located, as proposed, on site without requiring any variances from Land Use Requirements. 2. 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 I Avenue, a collector street, can accommodate the additional 12 average daily trips generated by the parking space relocation. BE IT FURTHER RESOLVED that the application for Modification of Conditional Use Permit CUP-2002-17 is approved subject to the following conditions: 26. This Conditional Use Permit authorizes the relocation of parking and open space area approved at 705 and 715 Highland Avenue under Conditional Use Permit application CUP- 2002-17 to 720 I. Except as required by conditions of approval, all plans submitted for permits associated with the project shall conform with Exhibit A-2nd Revision, case file no. M1 CUP-2002-17, dated July 7, 2008. 27. A detailed landscape and underground irrigation plan, including plant types, methods of planting, etc. shall be submitted for review and approval by the Planning Director. The landscape plan shall reflect the use of drought tolerant planting and water conserving irrigation devices. The plans shall also reflect the placement of a minimum of one street Resolution No. 2008 — 252 December 2, 2008 Page 2 tree for every 40 feet of frontage. Additional plantings (shrubs, groundcover, etc.) shall be shown in available areas both in the parkway and within the front yard setback area. Plans shall be provided to the Planning Department within 60 days of approval of this Conditional Use Permit. 28. The fencing shall be realigned to provide adequate separation between common and private open space in the amounts prescribed in approved plans. Fencing shall be shown on the landscape and irrigation plan. 29. The driveway, parking, and access easement described in the Covenant and Easement Agreement for Parking (Document 2004-0924700 as recorded with the San Diego County Recorder) shall be abandoned, and all encumbrances upon the subject properties removed. Evidence of abandonment shall be provided to the satisfaction of the Planning Department within 60 days of approval of this Conditional Use Permit. 30. Application shall be made for a Special Driveway Permit subsequent to approval of this Conditional Use Permit, and approved by City Council, for the proposed driveways. This Conditional Use Permit shall not be considered approved until such time as an approved Special Driveway Permit is procured. 31. Plans must comply with the 2007 editions of the California Building Code, the California Mechanical Code, the California Plumbing Code, the California Electrical Code, California Fire Code and California Title 24 energy, and handicapped regulations. 32. Within four (4) days of approval, pursuant to Fish and Game Code 711.4 and the California Code of Regulations, Title 14, Section 753.5, the applicant shall pay all necessary environmental filing fees for the San Diego County Clerk. Checks shall be made payable to the County Clerk and submitted to the National City Planning Division. 33. Before this Conditional Use Permit shall become effective, the applicant and the property owner shall both sign and have notarized an Acceptance Form, provided by the Planning Division, 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 Conditional Use Permit. The applicant shall also submit evidence to the satisfaction of the Planning and Building 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 Conditional Use Permit 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 and Building Director prior to recordation. 34. 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. BE IT FURTHER RESOLVED that copies of this Resolution shall be transmitted forthwith to the applicant. Resolution No. 2008 — 252 December 2, 2008 Page 3 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 2nd day of Decem, 2008. on Morrison, ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM2: Oztt.L Ir George . Eiser, III City Attorney Passed and adopted by the Council of the City of National City, California, on December 2, 2008 by the following vote, to -wit: Ayes: Councilmembers Morrison, Natividad, Parra, Zarate. Nays: None. Absent: None. Abstain: Councilmember Sotelo-Solis. AUTHENTICATED BY: RON MORRISON Mayor of the City of National City, California 4jj City lerk 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. 2008-252 of the City of National City, California, passed and adopted by the Council of said City on December 2, 2008. City Clerk of the City of National City, California By: Deputy