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HomeMy WebLinkAboutPC Resolution No. 2-2011RESOLUTION NO. 2-2011 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NATIONAL CITY, CALIFORNIA, RECOMMENDING APPROVAL OF A MODIFICATION OF A PREVIOUSLY APPROVED TENTATIVE SUBDIVISION MAP TO DELETE A CONDITION OF APPROVAL REQUIRING UTILITIES TO BE PLACED UNDERGROUND AT 1205-1243 FIG COURT. APPLICANT: ROBERT GULOTA. CASE FILE NO. 2010-36 M (S-2006-12) APN: 551-490-19 WHEREAS, application was made 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 1205-1243 FIG COURT and 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, California, considered said applications at a duly advertised public hearing held on January 10, 2011, at which time the Planning Commission considered oral and documentary evidence; and, WHEREAS, at said public hearing the Planning Commission considered the staff report provided 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 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 City Planning Commission of the City of National City, California, that the testimony and evidence presented to the Planning Commission at the public hearing held on January 10, 2011, support 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. 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. 4. That granting of the waiver will allow for additional upgrades to the properties that would be 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 herein before stated, the Planning Commission hereby recommends approval of said modification of a previously approved Tentative Subdivision Map for the Centro / Revolution 2 Condominiums located at 41 East 12th Street, 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 12/6/2006. 2. Before this Tentative Subdivision Map modification shall become effective, the applicant and the property owner both 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 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. 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 §17.04.070. BE IT FURTHER RESOLVED that copies of this Resolution be transmitted forthwith to the applicant and to the City Council. CERTIFICATION: This certifies that the Resolution was adopted by the Planning Commission at their meeting of January 10, 2011, by the following vote: AYES: DeLaPaz, Farias, Alvarado, Baca, Pruitt, Reynolds, Flores NAYS: ABSENT: ABSTAIN: