HomeMy WebLinkAboutCC RESO 2011-21RESOLUTION 2011 — 21
RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF NATIONAL CITY
APPROVING MODIFICATION OF A PREVIOUSLY
APPROVED TENTATIVE SUBDIVISION MAP
TO DELETE A CONDITION OF APPROVAL REQUIRING
UTILITIES TO BE PLACED UNDERGROUND
AT 1205-1343 FIG COURT
APPLICANT: ROBERT GULOTTA
CASE FILE NO. 2010-36 M (S-2006-12)
WHEREAS, an application was submitted for approval of a modification of a
previously approved Tentative Subdivision Map to delete a Condition of Approval requiring
utilities to be placed underground at 1205-1343 Fig Court on property generally described as:
Lot 34 of Scott Terrace, in the City of National City, County of San
Diego, State of California, according to Map thereof No. 3153, filed
in the Office of the County Recorder of San Diego County,
November 4, 1954.
WHEREAS, the Planning Commission of the City of National City considered
said application at a hearing held on January 10, 2011, and by Resolution recommended
approval of the application; and
WHEREAS, the City Council considered said application at a public hearing held
on January 25, 2011, 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. 2010-36 M (S-2006-12), 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 that the City Council of the City of
National City hereby approves the modification of a previously approved Tentative Subdivision
Map to delete a Condition of Approval requiring utilities to be placed underground at 1205-1343
Fig Court, based on the following findings:
1. That granting a waiver of the underground utility requirement will allow for the properties to
be offered at an affordable price, consistent with the City's affordable housing policies.
2. That the resultant affordability of the homes due to granting of the waiver will provide
additional home -ownership opportunities for National City residents, consistent with City
policy.
3. That whatever aesthetic value that may be achieved by partial utility undergrounding would
be compromised by utility poles which are to remain, thus creating a fragmented
appearance of the areas infrastructure.
Resolution No. 2011 — 21
Page 2
4. That granting of the waiver will allow for additional upgrades to the properties that would not
be made with the added expense of undergrounding utilities, thus improving the quality of
housing stock in the area consistent with City policy.
BE IT FURTHER RESOLVED that based on the findings hereinbefore stated,
said modification of a previously approved Tentative Subdivision Map to delete a Condition of
Approval requiring utilities to be placed underground at 1205-1343 Fig Court, is hereby
approved subject to the following conditions:
1. This Tentative Subdivision Map modification authorizes the deletion of Condition Number
21, contained in City Council Resolution 2007-98. Unless specifically modified by this
resolution, all previous Conditions of Approval as stated in City Council Resolution 2007-98
are still in effect. Except as required by Conditions of Approval, all plans submitted for
permits associated with this project shall conform with Exhibits A, 2nd Revision, Case File
No. S-2006-12, dated December 6, 2006.
2. Before this Tentative Subdivision Map modification shall become effective, the applicant
and the property owner shall both 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 Tentative Subdivision Map
modification. The applicant shall also submit evidence to the satisfaction of the
Development Services 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
of San Diego. The Notice of Restriction shall provide information that conditions imposed
by approval of the Tentative Subdivision Map modification 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 Development Services Director
prior to recordation.
3. Approval of the Tentative Subdivision Map approved for this property expires on April 16,
2012, at 5:00 p.m., unless prior to that date a request for a time extension not exceeding
three (3) years has been filed as provided by National City Municipal Code Section
17.04.070.
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
Code of Civil Procedure Section 1094.6.
--- Signature Page to Follow ---
Resolution No. 2011 — 21
Page 3
PASSED and ADOPTED this 1st day of February, 2011.
ATTEST:
Michael R. Dalla/ City Clerk
PROVED A TO FORM:
�jL
City Attorn:
on Morrison, Mayor
Passed and adopted by the Council of the City of National City, California, on February
1, 2011 by the following vote, to -wit:
Ayes: Councilmembers Morrison, Natividad, Rios, Sotelo-Solis, Zarate.
Nays: None.
Absent: None.
Abstain: None.
AUTHENTICATED BY: RON MORRISON
Mayor of the City of National City, California
C erk of the City f
By:
Deputy
I HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of
RESOLUTION NO. 2011-21 of the City of National City, California, passed and adopted
by the Council of said City on February 1, 2011.
City Clerk of the City of National City, California
By:
Deputy
City National City, California