HomeMy WebLinkAboutReso 6-92, Z-1991-6RESOLUTION NO.6-92
A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF NATIONAL CITY, CALIFORNIA,
APPROVING A ZONE VARIANCE
FOR ACCESS TO A PARCEL VIA AN EASEMENT
AND TO ALLOW A PARCEL WITH 24 FEET OF
FRONTAGE IN LIEU OF THE 50 FEET REQUIRED
AT 1239 "O" AVENUE.
APPLICANT: MARIO AND MARIA ESPINOSA
CASE FILE NO. Z-1991-6
WHEREAS, the Planning Commission of the City of National City, considered a zone
variance application for access to a parcel via an easement and to allow a parcel with 24 feet of
frontage in lieu of the 50 feet required in conjunction with an application for a tentative parcel
map to divide one parcel into two at 1239 "O" Avenue at the regularly scheduled Planning
Commission meetings held on January 6, February 3 and March 2, 1992 at which time oral and
documentary evidence was presented; and
WHEREAS, at said public hearings the Planning Commission considered the entire
contents of Case File Nos. Z-1991-6, LS-1991-4 and IS-1991-14 which are incorporated herein by
reference; and,
WHEREAS, this action is taken pursuant to all applicable procedures required by State
law and City ordinances; and,
WHEREAS, the action hereby taken is found to be essential for the preservation of the
public health, safety and general welfare.
NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of
National City, California, based on testimony and evidence presented to the Planning Commission
at the public hearings held on January 6, February 3, and March 2, 1992 support the following
findings:
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 topography of the parcel
precludes access to proposed Parcel 2 from Palm Avenue upon which the parcel has street
frontage and the parcel has only 24 feet of frontage on "O" Avenue. The location of the
new residence will result in the development of a vacant area and will improve the
neighborhood appearance along "O" Avenue.
2. That the requested variance is subject to such conditions which will assure that the
adjustment authorized will not constitute a grant of special privileges inconsistent with the
limitation upon other properties in the vicinity and zone in which such property is situated,
since except for access to Parcel 2 and frontage for Parcel 1, the resultant division of land
will create 2 parcels which are in accordance with all applicable design requirements for
the RS-2 zone. Single-family residences are allowed in the RS-2 zone.
3. That the variance does not authorize a use or activity which is not otherwise expressly
authorized by the zoning regulations governing the parcel of property, since the RS-2
zoning designation applicable to the property allows for single-family residential
development.
BE IT FURTHER RESOLVED that the Planning Commission has considered the
proposed Negative Declaration No. IS-1991-14 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 application for Zone Variance Z-1991-6 is
approved subject to the following conditions:
1. Any building constructed at this site shall be designed and built in accordance with the
provisions of the 1988 Edition of the Uniform Building Code, Uniform Mechanical Code,
Uniform Plumbing Code, the 1987 National Electrical Code and Title 24 (Energy
Requirements for Residential Buildings).
2. A soils report and engineering calculations shall be submitted in conjunction with any new
building construction.
3. A fully dimensioned floor plan shall be provided.
4. Attic ventilation shall meet Uniform Building Code minimum requirements. (Uniform
Building Code, Section 505e).
5. Grading and drainage plans shall be submitted which show all proposed and existing on -
site and off -site improvements. The plans shall be prepared in accordance with the City's
standard requirements by a registered civil engineer. The plans shall address or show the
following:
a. the type of proposed catch basin and private drains and their connection to Palm
Avenue.
b. whether the existing on -site retaining wall will be removed. If the retaining wall is
to remain, the stability of the wall shall be investigated by a soils report.
C. the construction of a new retaining wall along the Palm Avenue frontage. The
grading plans shall show the exact quantities of cut and fill and a profile of the new
wall. A brow ditch shall be installed at the top of the wall. The plans shall show any
regrading of the existing slope on Palm Avenue.
d. the profile of the proposed on -site driveway. The driveway easement shall be a
minimum of 20 feet wide. The driveway shall have a minimum paved width of 20
feet and shall be paved with an all weather type surface in accordance with Uniform
Fire Code requirements.
6. Landscaping and irrigation plans shall be submitted to the Engineering Department
concurrently with grading and drainage plans. Run-off from the new landscaped areas shall
be conveyed underground to the public drainage system.
7. Hydrology and hydraulic studies shall be submitted. All surface run-off shall be collected
by private catch basins and directed to the street by sidewalk underdrains or curb outlets.
8. A soils engineering report shall be submitted for the Engineering Department's review.
The report shall address the stability of all existing and proposed slopes on the property,
the adequacy of building pads, criteria for retaining wall design, maximum allowable soil
bearing pressure and the required pavement structural sections for the proposed on -site
driveway areas.
9. A sewer permit shall be obtained. The method of sewer connection for the proposed house
shall be shown on the grading plans. A separate lateral shall be provided for each parcel.
10. A cost estimate shall be submitted with the plans. The estimate shall include all necessary
grading and drainage items including the retaining wall on Palm Avenue and the required
street improvements on "O" Avenue along the property frontage.
11. Required street improvements on "O" Avenue shall consist of the following:
a. a new street pavement structural section consisting of 3 inches A.C. over 8 inches
A.B. as a minimum. The new pavement will replace the existing temporary asphalt
pavement and will extend to the center line of the street and the power pole.
b. new curb, gutter, sidewalk and driveway, in accordance with the Regional Standard
Drawings, extending from the existing driveway at 1131 "O" Avenue to the power
pole in front of Parcel 1. A transition may be required in the sidewalk at the
existing power pole in order to accommodate pedestrian traffic.
12. A permit shall be obtained from the Engineering Department for all improvement work
within the public right-of-way and all grading operations on private property.
13. Street improvement plans prepared by a registered civil engineer shall be submitted to the
Engineering Department for the required improvements on "O" Avenue. The street
improvement plans shall be under separate cover from the grading plans.
14. Water and sewer laterals shall be provided to each parcel.
15. The existing guy wire for the power pole in front of the proposed house shall be relocated
outside of Parcel 1. If necessary, the power pole shall be relocated due to the required
public improvements on "O" Avenue.
16. The final map shall be recorded prior to issuance of any building permit.
17. Roofing material shall consist of architectural asphalt shingles or a similar upgraded
material and shall be subject to approval of the Planning Director.
18. Plans shall depict the use of water conserving plumbing fixtures. Drought tolerant
landscaping and water conserving landscape irrigation devices shall be shown on the
landscape plan.
19. The developer shall submit a detailed landscape/irrigation plan showing installation of
erosion retardant materials on all slopes (existing and proposed) and the landscaping and
irrigation of all yard areas on both parcels for approval by the Planning Director prior to
issuance of a grading permit for the site.
20. All erosion retardant landscaping shall be installed at the time the site is graded.
21. Except as otherwise required by these conditions of approval, development plans shall be
submitted and approved by the Planning Director in conformance with Exhibits "A", (dated
10/29/91) and'B" (dated 12/6/91), Case File Nos. LS-1991-4/Z-1991-6.
22. Before this zone variance shall become 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. Failure to return the
signed and notarized Acceptance Form within 30 days of its receipt shall automatically
terminate the variance. 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-1991-6 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.
23. This variance shall expire concurrently with the tentative parcel map approved by Planning
Commission Resolution No. 5-92 unless extended according to procedures specified in
Section 18.116.190 of the Municipal Code.
24. Prior to the approval of any permits for grading or for construction of new buildings,
verification shall be provided from the Sweetwater Authority that water service will be
provided.
BE IT FURTHER RESOLVED that copies of this Resolution be transmitted forthwith to
the applicant and to the City Council.
BE IT FURTHER RESOLVED that this resolution shall become effective and final on
the day following the City Council meeting where the Planning Commission resolution is set for
review, unless an appeal in writing is filed with the City Clerk prior to 5:00 p.m., on the day of that
City Council meeting. The City Council may, at that meeting, appeal the decision of the Planning
Commission and set the matter for public hearing. The time within which judicial review of this
decision may be sought is governed by the provisions of Code of Civil Procedures Section 1094.6.
CERTIFICATION:
This certifies that the Resolution was adopted by the Planning Commission at their meeting of
March 16, 1992 by the following vote:
AYES: BACA, LARGE, GODSHALK, AGUILERA, DETZER
NAYS:
ABSENT:
ABSTAIN: HooD
CHAIRMAN