HomeMy WebLinkAboutCC ORD 1960-981 Amends § 12 of Ord. 962, zoning (Repealed by 1503)ORDINANCE NO. 981
AN ORDINANCE AMENDING NATIONAL CITY ORDINANCE NO. 962
BY CHANGING THE. PROCEDURE FOR GRANTING VARIANCES
The City Council of the City of National City does ordain
as follows:
Section 1: Section 12 of Ordinance No. 962 is hereby
amended to read as follows:
SECTION 12: VARIANCES.
A. When practical difficulties, unnecessary hardships or
results inconsistent with the general purposes and intent of this
ordinance would occur through strict application of its provisions,
the Commission after holding a hearing on an application prepared
in accordance with this section, may recommend to the City Council
that variances to the provisions of this ordinance be granted.
The City Council may grant variances to the provisions of this
ordinance, provided that so doing will not defeat, but rather,
will carry out its general intent and purpose, provide for the
public safety and welfare and administer substantial justice.
B. An application for a variance shall:
I. Contain a plot plan showing the size and location of the
Proposed building site.
2. Contain the names and addresses of all persons whose
names appear on the latestadopted tax roll of San Diego County as
owning property within a distance of not less than 300 feet from
the exterior boundary of the areaoccupied and to be occupied by
the use being proposed.
3. Have attached thereto an acknowledgment in writing of a
majority of the property owners within a radius of 300 feet stating
that they have read the application.
4. Contain or be accompanied by any other information, map,
plats, plans, profiles, sections, specifications or other pertinent
matter the Commission may require.
5. Have attached thereto a plot plan showing the following:
(1) The legal boundaries of all property within 300 feet of the
applicant's property, (2) The name of the owner of all such
property, and (3) All streets adjacent to said property.
C. A fee of $50.00 shall be paid at the time of the filing
of such application with the Planning Department. Such fee is
not refundable.
D. Upon the filing of an application, the Planning Depart-
ment shall set the matter for public hearing by the Commission,
and shall serve notice through the United States mail, with postage
prepaid and using the addresses from the last adopted tax roll on
all persons owning property within 300 feet from the exterior
boundary of the area occupied and to be occupied by the use being
proposed.
E. Failure of the Commission to take action on any such
application within 60 days of the date of filing shall be deemed
a denial of the application, provided however that the applicant
may waive this provision, in which event the Commission shall retain
jurisdiction to act on the application.
F. The action of the Commission on an application or its
failure to act within 60 days shall be reported in writing to the
City Council by the Planning Department.
G. Not less than 15 days after receipt of such report, the
City Council shall act upon the application. In the event that no
protest in writing to the granting of the application is filed
with the City Clerk prior to the expiration of the said 15 days,
the City Council may grant or deny a variance without a hearing.
In the event that any written protest is filed within said 15 day
period, the City Clerk shall set the matter for public hearing
by the City Council.
H. Notice of such public hearing by the City Council shall
be given pursuant to the provisions of Section 65951 of the
Government Code of California by the City Clerk at least 10 days
prior to said hearing.
PASSED AND ADOPTED by the City Council of the City of
National City, California, this /3 day of December, 1960, by
the following vote, to wit:
AYES: Hart, Morgan, Reid, Hollingsworth
NOES: Alien
ABSENT:
None
I hereby approve the foregoing Ordinance this / ! day of
December, 1960.
Mayor of �)City of at i o n a I
City, California