HomeMy WebLinkAboutReso 29-95, LS-1995-4RESOLUTION NO. 29-95
A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF NATIONAL CITY, CALIFORNIA,
APPROVING A TENTATIVE PARCEL MAP TO
DIVIDE ONE PARCEL INTO TWO AT
2132 RACHAEL AVENUE.
APPLICANT: OSCAR IDANO
CASE FILE NO. LS-1995-4
WHEREAS, application was made for approval of a tentative parcel map to divide one parcel
into two in conjunction with a zone variance application to allow one parcel with access via an
easement at 2132 Rachael Avenue, on property generally described as:
Lot 380 in the City of National City, County of San Diego, State of California, according to
Map thereof No. 1748 recorded in the Office of the County Recorder, San Diego County on
February 2, 1923.
WHEREAS, the Planning Commission of the City of National City, California, considered
said application and proposed Negative Declaration at a public hearing held on December 4, 1995, at
which time the Planning Commission considered oral and documentary evidence, and the staff report
contained in Case File No. LS-1995-4 and IS-1995-14 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 introduced in the staff report and public
hearing for said tentative parcel map, makes the following findings:
1. The proposed map is consistent with the National City General Plan and applicable
specific plans, since each proposed lot will exceed the 5,000 sq.ft. minimum lot size
requirement. Previous dedication for road easement purposes satisfy the
requirements of Specific Plan No. 14-76 (Ordinance 1534) which applies to the
property.
2. The site is physically suitable for the proposed type of development, since, except
for access for which an easement is requested, there is adequate area on the newly
created parcel for residential development in accordance with Land Use Code
requirements.
3. The site is physically suitable for the proposed density of development, since each
newly created parcel has adequate area for development in accordance with Land
Use Code requirements.
4. 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, since the site is disturbed and does not provide fish or
wildlife habitat.
5. 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.
6. 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 the property
within the proposed subdivision, since no such easements are located on the site.
7. The discharge of sewerage waste from the subdivision into the City of National City
sewer system will not result in violation of existing requirements prescribed by the
California Regional Quality Control Board pursuant to Division 7 (commencing
with Section 13000) of the Water Code, as specified by Government Code Section
66474.6.
8. The subdivision has been considered by the Planning Commission 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.
9. 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
of local climate, contour, property configuration and other design and improvement
requirements without requiring reduction in allowable density or lot coverage.
BE IT FURTHER RESOLVED that the Planning Commission has considered the proposed
Negative Declaration No. IS-1995-14 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 based on the findings hereinbefore stated, said tentative
parcel map for division of one parcel into two at 2132 Rachael Avenue is hereby approved subject to
the following conditions:
1. A street improvement plan shall be submitted for Harbison Avenue showing the
construction of the missing street improvements along the property. In lieu of
constructing the street improvements at this time, the subdivider shall post a cash
deposit with the City for the future improvement of the street prior to approval of
the final parcel map.
2. A title report shall be submitted to the Engineering Department for review of all
existing easements and ownership at the property.
3. The final map shall meet all requirements of the Subdivision Map Act and National
City Municipal Codes including certification, acknowledgment, complete boundary
information and monumentation.
4. The developer shall bond for the monumentation prior to approval of the final map.
5. The creation of an easement for ingress and egress to Rachael Avenue from Parcel 2
across Parcel 1 shall be required. The easement shall be created on the final map.
6. Appropriate easements for sewer service line and storm drain for Parcel 2 shall be
created on the final map.
7. A map review deposit will be required at the time of final map submittal.
8. An encroachment agreement is required for the encroachment of the existing
retaining walls upon the sewer easement.
9. The owner shall apply to Sweetwater Authority for a new water service to Parcel 2.
The water line to the site shall be installed in a private utility easement granted from
Parcel 1 to Parcel 2.
10. The required fire flow for the new duplex will be 1500 GPM for 2 hours at a
minimum 20 PSI residual. The owner shall obtain written verification from
Sweetwater Authority that this flow can be met. If improvements are necessary to
provide the required fire flow, the owner shall enter into an agreement with
Sweetwater Authority to provide those improvements prior to issuance of any
building permit.
11. At the time of development of Parcel 2, the plans shall designate the access
easement as a fire lane. Parking under the existing building overhang on Parcel 1
will be prohibited.
12. At the time of development of Parcel 2, the plans shall show the on -site driveway
with a minimum width of 20 feet.
13. The easement on Parcel 1 and the future driveway on Parcel 2 shall be paved with
an all weather surface capable of supporting the load of a fire engine or ladder truck.
14. A fire apparatus turn -around in accordance with Uniform Fire Code and National
City Fire Department requirements shall be provided at the time of development of
Parcel 2. The turn -around shall be marked as a fire lane.
15. Payment of school fees will be required prior to issuance of a building permit.
16. Prior to final map approval, dirt areas on the slope in the easterly portion of the site
adjacent to Rachael Avenue shall be replanted.
17. The final map shall be in substantial conformance with the tentative map as shown
in Exhibit A, case file no. LS-1995-4/Z-1995-4, dated 9/26/95.
18. Approval of Zone Variance Z-1995-4 must be obtained prior to final map
processing and approval.
19. Approval of the tentative parcel map expires 2 years after adoption of the resolution
of approval at 5:00 pm unless prior to that date a request for time extension not
exceeding an additional 3 years has been filed as provided by Section 66452.6 (e) of
the California Government Code.
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 upon
adoption. The time within which judicial review of this decision may be sought is governed by
provisions of Code of Civil Procedure Section 1094.6.
CERTIFICATION:
This certifies that the Resolution was adopted by the Planning Commission at their meeting of
December 18, 1995, by the following vote:
AYES: Martinelli, Flores, Large, Knutson, Baca, Detzer, Godshalk
NAYS:
ABSENT:
ABSTAIN:
CHAIRMAN