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HomeMy WebLinkAboutReso 18-2000, LS-1999-2, Z-1999-3RESOLUTION NO. 18-2000 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NATIONAL CITY, CALIFORNIA, APPROVING A TENTATIVE PARCEL MAP FOR THE DIVISION OF ONE LOT INTO TWO WITH A VARIANCE TO ALLOW A REDUCED FRONT YARD SETBACK IN THE 1200 BLOCK OF K AVENUE. CASE FILE NO. LS-1999-2, Z-1999-3 WHEREAS, application was made for approval of a tentative parcel map for the division of one lot into two with a variance to allow a reduced front yard setback in the 1200 block of K Avenue on property generally described as: Parcel 2 in the City of National City, County of San Diego, State of California, as shown at Page 14185 of Parcel Maps filed in the Office of the County Recorder of San Diego County, February 26, 1986 as file #86- 075313 of Official Records WHEREAS, the Planning Commission of the City of National City, California, considered said application and proposed Negative Declaration at a duly advertised public hearing held on July 17, and continued to the meeting of August 21, 2000 at which time the Planning Commission considered oral and documentary evidence; and, WHEREAS, at said public hearings the Planning Commission considered the staff report contained in Case File No. LS-1999-2, Z-1999-3 and IS-2000-2 which are maintained by the City and incorporated herein by reference; along with evidence and testimony at said hearings; and, WHEREAS, this action is taken pursuant to all applicable procedures required by State law and City law; 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, that the testimony and evidence introduced in the staff report and public hearing for said tentative parcel map and zone variance, support the following findings: RECOMMENDED FINDINGS FOR APPROVAL OF THE TENTATIVE MAP Find that the project will not have a significant effect on the environment and adopt the proposed negative declaration. 2. The proposed map is consistent with the National City General Plan, since the map provides for the creation of two single-family lots in a single-family residential zone which will provide opportunities for home ownership. In addition, proposed lot sizes conform with and exceed the 5,000 square foot minimum called for by the RS-2 Combined General Plan/Zoning Map designation. No specific plan has been adopted for the project area. The site is physically suitable for the proposed type of development, since minimal grading will be necessary and the soils report identifies the area as suitable for single- family residences in an area already developed for the same use. 4. The site is physically suitable for the proposed density of development, since each newly created parcel will measure over 5,000 square feet in size in compliance with the requirements of the Land Use Code and consistent with the lot sizes of the surrounding area. The design of the subdivision and the proposed improvements are not likely to cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat, since no unique environmental resources exist on the site. 6. The design of the subdivision and the proposed/required improvements are not likely to cause serious public health problems, since all necessary public services will be provided. 7. The design of the subdivision and the proposed/required 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. 8. 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. 9. 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. 10. 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, topography, property configuration and other design and improvement requirements without requiring reduction in allowable density or lot coverage. RECOMMENDED FINDINGS FOR APPROVAL OF THE 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 the identical zone classification, since the property is located on steep slopes in an area developed with single-family homes, and adherence to the required front yard setback would restrict the ability to construct homes on the property. 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 limitations upon other properties in the vicinity and zone in which such property is situated, since the project has been conditioned to comply with Design Guidelines, and since the use of other properties in the vicinity is less limited by steep slopes. 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 single-family residences are planned for the site and are permitted in the RS-2 zone in which the property is located. BE IT FURTHER RESOLVED that the Planning Commission has considered the proposed Negative Declaration No. IS-2000-2 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 and zone variance for division of one lot into two with a variance to allow a reduced front yard setback in the 1200 block of K Avenue is hereby approved subject to the following conditions: RECOMMENDED CONDITIONS OF APPROVAL 1. A drainage plan shall be submitted for review and approval by the City Engineer showing all of the proposed and existing on- and off -site improvements. The plan shall be prepared by a Registered Civil Engineer or other qualified professional in accordance with City requirements. The drainage plan shall consider the impact of runoff on the South Bay Plaza property to the north. 2. Separate street improvement plans shall be submitted, prepared by a Registered Civil Engineer, showing all of the existing and proposed improvements. The plans shall be in accordance with the City requirements (see Condition #24). 3. The property owner or its successors and assigns shall be responsible for the maintenance, repair, or reconstruction of all irrigation and landscaping improvements installed within the public right-of-way, and shall adjust the sprinkler heads so as to prevent over spray upon the public sidewalk or streets. The proposed sprinkler heads shall be installed behind the sidewalk, and the irrigation mainline upon private property only, as required by the City. The property owner, its successors or assigns shall remove and relocate all irrigation items from the public right-of-way at no cost to the City, and within a reasonable time frame upon a written notification by the City Engineer. 4. For P.V.C. irrigation lines in the public right-of-way, a metallic identification tape shall be placed between the bottom layer of the finished surface and the top of the lines. 5. A soils engineering report shall be submitted for review by the Engineering Department. The report shall address the stability of all the existing and proposed slopes on the property. It shall also address the adequacy of the building pads, the criteria for any new retaining wall design, the maximum allowable soil bearing pressure, and the required pavement structural sections for the proposed streets, parking areas, and driveways. At a minimum the parking lot pavement sections shall be 2-inch A.C. over 4-inch Class II aggregate base. The street pavement sections shall be in accordance with Standard Drawing G-24 modified. 6. A sewer permit will be required. The method of sewage collection and disposal shall be shown on the drainage plan. Any new sewer lateral in the City right-of- way shall be 6-inch in size with a clean -out. A sewer stamp "S" shall be provided on the curb to mark the location of the lateral. 7. All existing survey monuments, including any benchmark, within the boundaries of the project shall be shown on the plans. If disturbed, they shall be restored by a licensed land surveyor or civil engineer after completion of the work. A Corner Record shall be filed with the County of San Diego Recorder. A copy of the documents filed shall be given to the National City Engineering Department. 8. A permit shall be obtained from the Engineering Department for all improvement work within the public right-of-way, and for grading construction on private property. 9. A cost estimate shall be submitted with the plans. A performance bond equal to the approved cost estimate for all of the proposed grading, drainage, street improvement, landscaping and retaining wall work shall be posted. Three percent (3 %) of the estimated cost shall also be deposited with the City as an initial cost for plan checking and inspection services at the time the plans are submitted. The deposit is subject to adjustment. 10. A title report shall be submitted to the Engineering Department for a review of all existing easements and the ownership at the property. 11. The existing fence on K Avenue encroaching on the public right-of-way shall be completely removed. 12. The final map/parcel shall meet all of the requirements of the Subdivision Map Act and the National City Municipal Codes including certification, acknowledgment, complete boundary information and monumentation. 13. The Subdivider shall submit an approval letter from Sweetwater Authority stating fire flow requirements have been met. If additional improvements are needed, the developer shall enter into an agreement for the water improvements with the Authority prior to obtaining the final map approval. 14. Separate water and sewer laterals shall be provided to each lot/parcel. 15. The developer shall bond for the monumentation, the public improvements and the on -site grading, drainage, landscaping, and other improvements through an agreement with the City prior to the approval of the final map. 16. The final map shall be recorded prior to issuance of any building permit. 17. All new property line survey monuments shall be set on private property, unless otherwise approved. 18. The parcel map shall use the California Coordinate System for its "Basis of Bearings" and express all measured and calculated bearings in terms of the system. The angle of grid divergence from a true meridian and the north point shall appear on the map. Two measured ties from the boundary of the property to existing horizontal control stations shall be shown. 19. Residential automatic sprinkler systems meeting the requirements of the Fire Department must be installed in each proposed structure. 20. Approval of the tentative map expires two (2) years after adoption of the resolution of approval 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 § 17.04.070. 21. Each lot shall have a minimum lot area of 5,000 square feet and a minimum of 36 feet of street frontage, consistent with Exhibit A, Case File no. LS-1999-2/Z- 1999-3, dated 11/17/99. 22. The final map shall be in substantial conformance with the tentative map depicted in exhibit A, Case File no. LS- 1 999-2/Z- 1999-3, dated 11/17/99. 23. The appearance and location of proposed homes shall be consistent with Exhibit B, Case File no. LS-1999-2/Z-1999-3, dated 11/17/99. 24. A 40-foot radius half -width cul-de-sac adjacent to the property shall be improved in compliance with Engineering Department requirements for an 80-foot diameter cul- de-sac or a waiver must be obtained from the City Council. BE IT FURTHER RESOLVED that copies of this Resolution be transmitted forthwith to the applicant and to the City Council. BE IT FINALLY 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. CERTIFICATION: This certifies that the Resolution was adopted by the Planning Commission at their meeting of September 18, 2000, by the following vote: AYES: UNGAB, VALDERRAMA, BACA, MARTINELLI. NAYS: GODSHALK ABSENT: ABSTAIN: PARRA, DETZER CHAIRMAN