HomeMy WebLinkAboutCC RESO 2008-263RESOLUTION NO. 2008 — 263
RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF NATIONAL CITY APPROVING
A MODIFICATION OF CONDITIONS OF APPROVAL FOR
A PREVIOUSLY APPROVED FIVE LOT SUBDIVISION MAP
TO WAIVE UNDERGROUNDING EXISTING
UTILITIES AT 940 EAST 16TH STREET
CASE FILE NO. 2008-31 M1
WHEREAS, application was made for approval of a Modification of the
Conditions of Approval of Tentative Subdivision Map, 2007-15 S, a subdivision to create five lots
at 940 East 16th Street, on property generally described as:
The westerly half of the northerly half of 20 acre Lot 1 in Quarter
Section 133 , Rancho de is Nacion, in the city of National City,
County of San Diego, State of California, according to map thereof
No. 166, filed in the Office of the County Recorder of San Diego
County.
WHEREAS, the Planning Commission of the City of National City considered
said application at a duly advertised public hearing held on October 6, 2008, and October 20,
2008, and by Resolution recommended approval of the requested modification; and
WHEREAS, the City Council considered said application at a public hearing held
on November 18, 2008, 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. 2008-31 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.
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 hearing
held on November 18, 2008, for the Modification of the Conditions of Approval of Tentative
Subdivision Map 2007-15 S to waive the requirement to underground existing utilities, Condition
Number 21, support the following findings:
1. The waiver of undergrounding 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 the area is already developed, existing utility poles are prevalent in the
surrounding area, the existing utilities on site have been relocated underground,
and the removal of the four poles bordering the property may result in installation of
additional poles in the area, thereby undergrounding along the property boundaries
would not result in a substantial improvement of utilities in the area.
Resolution No. 2008 — 263
December 16, 2008
Page 2
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 and the undergrounding completed on site has served to improve the
property values in the area.
BE IT FURTHER RESOLVED that based on the findings hereinbefore stated,
said Modification of the Conditions of Approval of Tentative Subdivision Map 2007-15 to waive
the requirement to underground the existing utilities at 940 East 16th Street is hereby approved,
and Condition Number 21 is modified to read "All utility distribution facilities within the boundaries
of the subdivision shall be placed underground."
BE IT FURTHER RESOLVED that all other Conditions of Approval contained
within Resolution 2007-199 remain applicable to Tentative Subdivision Map 2007-15, as written
and provided in Exhibit "A", and copies of this Resolution shall be transmitted forthwith to the
applicant.
BE IT FURTHER RESOLVED that copies of this Resolution 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 governed by the provisions of
Code of Civil Procedure Section 1094.6.
PASSED and ADOPTED this 16th day of December, 2008.
Rbn Morrison, Mayor
ATTEST:
Mi ael R. Dalla, City Clerk
APPROVED AS TO FORM:
/� , J
George H. Eiser, III
City Attorney
Passed and adopted by the Council of the City of National City, California, on
December 16, 2008 by the following vote, to -wit:
Ayes: Councilmembers Morrison, Natividad, Parra, Sotelo-Solis, Zarate.
Nays: None.
Absent: None.
Abstain: None.
AUTHENTICATED BY: RON MORRISON
Mayor of the City of National City, California
N
L
City C rk of the City of National City, California
By:
Deputy
I HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of
RESOLUTION NO. 2008-263 of the City of National City, California, passed and
adopted by the Council of said City on December 16, 2008.
City Clerk of the City of National City, California
By:
Deputy