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HomeMy WebLinkAboutCC RESO 15,817RESOLUTION NO. 15,817 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY, CALIFORNIA, APPROVING A TENTATIVE PARCEL MAP APPLICATION TO DIVIDE TNVD EXISTING PARCELS INTO FOUR PARCELS AND ZONE VARIANCE APPLICATION TO ALLOW ACCESS VIA AN EASEMENT ACROSS PROPOSED PARCYLS FOR PROPERTY LOCATED) AT 3140 EAST SEOOND STREET. APPLICANT: EDWARD & ARRDGUI CASE FTT.F, NOS. LS-2-88/Z-2-88 WHEREAS, the appeal of the applicant from the Planning Commission's denial of applications for Lot Split and Zone Variance was considered by the City Council of the City of National City at a public hearing held on November 22, 1988, 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 Nos. LS-2-88/Z-2-88 and IS-88-14, which are maintained by the City, and incorporated herein by reference; and, WHEREAS, this action is taken purs>>ant 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; and, 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 22, 1988 support the following findings for approval of the lot split and zone variance: A. Lot Split 1. The tentative map complies with the following lot size, access and improvement standards. a. Curbs, sidewalks and paving are installed along all public street frontages of the property so divided when the property so divided consists of lots one acre or less; b. Separate and individual sanitary sewer facilities and connections shall be made to each lot created; c. All lot sizes shall conform to the provisions of the Zoning Ordinance. If any of the standards desired by the applicant are less than those required by the Zoning Ordinance, the lot split shall be processed as a variance as established by the Zoning Ordinance; d. No lot contained in such proposed suhdivision shall conflict with any street, highway, park, playground, public building or other .type of public project indicated on a master plan or precise plan; e. No lot in such proposed subdivision may be subject to flood or inundation; f. The lots conform generally to the requirements prescribed for a subdivision of five lots or more; g. No division be permitted that will block the development of adjacent property; 2. The proposed subdivision, together with the provisions for its design and improvements is consistent with the General Plan, since it provides building sites for detached single-family residential use. 3. The proposed nap is consistent with applicable general and specific plans (there is no applicable specific plan). 4. The site is physically suitable for the proposed single-family residential type of development, since it is adjacent to the same type of development. 5. The site is Physically suitable for the proposed density of development, since each lot contains in excess of 5,000 square feet and the site can be developed with minimal grading required for residences on proposed lots. 6. 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, as indicated by the initial study completed for the project. 7. 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. 8. 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. 9. The discharge of sewerage waste fran 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). 10. The subdivision has been considered by the Planning Carmission 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. 11. 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 to local climate, contour, property configuration and other design and improvement requirements without requiring reduction in allowable density or lot coverage. B. Zone Variance 1. That because of special circumstances applicable to the property, including size, shape, topography, location or surroundings, the strict application of Title 18 of the Municipal Code (Zoning) deprives such property of privileges enjoyed by other property in the vicinity and under identical zoning classification, since the proposed site contains a total land area of 35,120 square feet and topography limits area of access to a single driveway; the adjoining property to the west is identical in size to the subject property and developed with 7 detached single-family dwellings, all served by a single access driveway, and property located directly across Second Street to the north was allowed to divide a single parcel into two with access over a single driveway via easement. 2. That the variance requested is subject to such conditions that the adjustment would not constitute a grant of special privileges inconsistent with the limitation upon other properties in the vicinity and zone in which such property is located, since other properties in the area have been developed with a single access driveway to more than one unit or lot. The property cannot be further subdivided at a density similar to adjacent lots without the variance. In addition, recommended conditions of approval require that .dwellings be single -story in height and located in accordance with setbacks required in the zone, and that development plans shall be approved by the City Council. 3. That the variance does not authorize a use not otherwise expressly authorized by the zoning regulations governing the parcel of property since the property is zoned for single fancily residential use. BE IT FURTHER RESOLVED that the City Council has considered the proposed Negative Declaration No. IS-88-14 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. BE IT FURTHER RESOLVED that the applications for Lot Split LS-2-88 and Zone Variance Z-2-88 are approved subject to the following conditions: A. LOT SPLIT 1. The final map shall abide by all the requirements of the Subdivision Map Act and the National City Municipal Code, including certification acknowledgment, complete boundary information and monumentation. 2. An encroachment permit shall be executed for the existing wall and slope in the public right-of-way along the north property line on 2nd Street, or the existing improvements shall be reproved, as required by the City Engineer. 3. A grading plan and a soils report supporting the proposed grading prepared by a Registered Civil Engineer and Soils Engineer respectively, shall be submitted to the City Engineer for his approval. On -site drainage shall be addressed in the grading plan. 4. Developer must perform the work or enter into an agreement to perform the monumentations, public improvements, and on -site grading before map approval. 5. Sprinkler protection shall be provided per NFPA 13D. Plans shall be submitted to the Fire Department for approval. 6. Smoke detectors shall be provided. 7. Turn -around access may be required at Parcel 4, to the satisfaction of the Fire Department. 8. Each new dwelling shall be located observing the setbacks required in the zone. 9. A zone variance (Z-2-88) shall be approved with regard to access via easement to 2nd Street for 3 lots, 3 lots with less than 50 ft. of frontage on a public street and 2 lots with no public street frontage. 10. A reciprocal easement for driveway access to each lot shall be required subject to approval of the City Attorney as to form and content prior to recordation. 11. Site development plans shall be submitted and approved by the City Council prior to approval of the final parcel map. B. ZONE VARIANCE 1. This variance shall became 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. 2. The zone variance shall be subject to approval and recordation of a parcel map for tentative parcel reap application LS-2-88. 3. Before this Zone Variance shall became 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. 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 Zone Variance No. Z-2-88 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 Director prior to recordation. i 4. Development of the property shall be limited to single - story construction, with parking provided in garages. Height shall be limited as necessary to protect views, consistent with information submitted to the Planning Department September 15, 1988 (Case File No. LS-2-88/Z- 2-88, Exhibit "E"). 5. Site development plans shall be submitted and approved by the City Council prior to issuance of a building permit for new construction as well as future building additions. 6. Factory -built housing is not permitted on any of the parcels, subject to the provisions of Government Code Section 65852.3. BE IT FURTHER RESOLVED that 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 governed by the provisions of Government Code Section 1094.6. PASSED AND ADOPTED this 6th day of December, 1988. ATTEST: CfA DAA-irv, Lor' Anne Peoples City Clerk APPROVED AS TO FORM: AiltAgeouzx George H. Eiser, III, City Attorney George IC Waters, Mayor