HomeMy WebLinkAboutCC RESO 15,304RESOLUTION NO. 15,304
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF NATIONAL CITY, CALIFORNIA, APPROVING A ZONE
VARIANCE APPLICATION TO ALLOW A 10 FOOT WIDE
SETBACK ADJACENT TO A "PAPER STREET" HAVING ONLY A
PORTION OF ITS REQUIRED WIDTH DEDICATED, IN CONJUNCTION
WITH DEVELOPMENT OF A PROPOSED 11,604 SQUARE FOOT NEIGHBORHOOD
COMMERCIAL SHOPPING CENTER AT 1545 HARBISON AVENUE.
APPLICANT: MEHRAD BEGHBEH
CASE FILE NO. Z-1-87
WHEREAS, the appeal of the City Council from the Planning Commission's
approval of application for zone variance was considered by the City Council of the
City of National City at a public hearing held on May 12, 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-1-87, PD-2-87 and IS-87-2, 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 that testimony and evidence presented to the City Council at the
public hearing held on May 12, 1987 support the following findings:
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 identical zoning
classification (The partially dedicated "paper street" located within the
City of San Diego and adjacent to the east property line of this property
constitutes a special circumstance applicable to this property. The strict
application of the zoning regulations will deprive this property of the use of
4,500 square feet of land area that will otherwise remain vacant and
unimproved.)
2. That the variance requested is subject to such conditions that the
adjustment would not constitute a grant of special privileges inconsistent
with the limitation upon other properties in the vicinity and zone in which
such property is located (The City of San Diego has advised that they will
look favorably upon the vacation of this "paper street". The applicant and
adjacent property owner to the east have petitioned the City of San Diego
to vacate this portion of public right-of-way.)
3. That the variance does not authorize a use not otherwise expressly
authorized by the zoning regulations governing the parcel of property
(Development of a neighborhood commercial shopping center is proposed and
is a use specifically permitted in the Commercial, Limited -Planned
Development (CL-PD) zone, with issuance of a Planned Development
Permit).
BE IT FURTHER RESOLVED, that the City Council has considered Negative
Declaration No. IS-87-2, approved by the Planning Commission March 16, 1987, and
certifies that the Negative Declaration has been approved pursuant to the
requirements of the California Environmental Quality Act, and that the Initial Study
and Negative Declaration adequately address the effects of the project as
conditionally approved.
BE IT FURTHER RESOLVED that the application for Zone Variance Z-1-87 is
approved subject to the following conditions:
1. The applicant shall obtain approval of Planned Development Permit
Application PD-2-87 and shall satisfy all required conditions of approval of
the planned development permit.
2. Before this Zone Variance shall become effective, the applicant shall file a
written statement with the Planning Department, acknowledging and
accepting all conditions imposed upon the approval of this permit. The
applicant shall also submit evidence to the satisfaction of the Planning
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 Zone Variance No. Z-1-87 are binding on all present
or future interest holders or estate holders of the property.
BE IT FURTHER RESOLVED that copies of this Resolution shall be transmitted
forthwith to the applicant.
BE IT FURTHER RESOLVED that this Resolution shall become effective and final
on the day following the City Council meeting where_ the resolution is adopted.
PASSED and ADOPTED this 19th day of May, 1907.
/444.14g516111-
orge H Waters, Mayor
Ai it,ST:
Ione.Campbell, City Q1erk
APPROVED AS TO FORM:
George H. Eiser, III -City Attorney