HomeMy WebLinkAboutCC RESO 87-36RESOLUTION NO.15,499
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF NATIONAL CITY, CALIFORNIA,
APPROVING A ZONE VARIANCE APPLICATION ri)lt
EXPANSION OF A MEDICAL CLINIC INTO 1,513 SQUARE .l Ei!aOF
EXISTING, UNUSED FLOOR AREA AT
1136 D AVENUE, WITH REDUCTION IN REQUIRED
NUMBER OF OFF-STREET PARKING SPACES FROM 28 TO 16.
APPLICANT: SAN YSIDRO HEALTH CENTER
CASE FILE NO. Z-5-87.
WHEREAS, the appeal to the City Council from the Planning Commission's
denial of zone variance application (Z-5-87) was considered by the City
Council of the City of National City at a public hearing held on December
8, 1987, at which time oral and documentary evidence was presented; and,
WHEREAS, at said public hearing the City Council considered the entire
contents of Case File Nos. Z-5-87 and IS-87-36 which are maintained by the
City, and incorporated herein by reference; and,
WHEREAS, this action is taken pursuant to all applicable procedures
required by State and City law; and,
WHEREAS, the action recited herein is found to be essential for the
preservation of public health, safety and general welfare.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
National City, California, that the testimony and evidence presented to the
City Council at the public hearing held on December 8, 1987, support the
following findings:
A. That beca»se 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 use is located in
an area served by public transportation and close to residences of its
clients, many of wham are low inane and do not drive.
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B. 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 the variance is for an existing use which requires
less parking due to the characteristics of its clients and location in
proximity to its clients, and conditions of variance approval will
ensure maintenance of existing parking.
C. 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 a medical clinic is a permissible use within
the general commercial (CG) zone.
BE IT FURTHER RESOLVED that the City Council has considered the
proposed Negative Declaration No. IS-87-36, together with any comments
received during the public review process, and finds on the basis of the
Initial Study and any convents 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 is
approved subject to the following conditions:
1. The one -car parking garage on this property shall be permanently
maintained for off-street parking.
2. Prior to the occupancy of the additional 1,513 square feet of floor
area, the applicant shall provide a parking agreement, approved by the
City Attorney as to form and content, whidh shall be recorded with the
County Recorder to insure that the existing parking facilities on San
Diego County Assessor's Parcel No. 556-552-13 shall be continued so
long as the use they serve on Parcel No. 556-552-28 is continued.
3. A grading and drainage plan shall be submitted to the City Engineer
Showing the existing and proposed improvements. No drainage shall be
allowed over driveways.
4. All public improvements required shall be per San Diego Regional
Standard Drainage and Standard Specifications for public works
construction, latest edition.
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5. Any additional parking on public streets caused by this zone variance
shall not obstruct fire department apparatus access or obstruct Fire
Department equipment (i.e. hydrants, standpipes, etc.)
6. A trash receptacle enclosure shall be constructed on -site in
accordance with City standards.
7. Permit Parking may be instituted by the City Council for on -street
parking adjacent to the block bounded by 11th and 12th Streets, C and
D Avenues.
8. Psychiatric care and/or services are prohibited on these premises.
9. Prior to occupancy of the additional 1,513 square feet of floor area,
the applicant shall provide a parking agreement, approved by the City
Attorney as to form and content, providing that a minimum of twelve
parking spaces shall be reserved within the parking facility at the
Kimball Senior Center, 1221 D Avenue (San Diego County Assessor's
Parcel No. 560-410-06) for use by patrons of the National city Family
Clinic at 1136 D Avenue, (Assessor's Parcel No. 556-552-28) during
regular business hours so long as the clinic is in operation.
10. Operation of the National City Family Clinic at 1136 D Avenue, shall
be reviewed every six months for a period of three years. This review
shall include maintenance of building, landscape, walls, signs, and
parking facility; any change in patient load or number of employees;
and, contact with adjacent property owners. National City Family
Clinic shall pay all costs involved in this review.
11. Parking in front of clinic shall be designated for discharging and
picking up passengers.
12. All conditions imposed upon the approval of this zone variance
application shall be satisfied prior to occupancy of the 1,513 square
feet of existing, unused floor area at 1136 D Avenue.
BE IT FURTHER RESOLVED that this Resolution shall became effective and
final on the day following the City Council meeting where the resolution is
adopted. 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.
PASSED and ADOPTED this 5th day of January, 1988.
ATTEST:
Lone/ ampbell, City C{erk
APPROVED AS TO FORM:
George H. Eiser, III -City Attorney
orge H. Waters, Mayor
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