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HomeMy WebLinkAboutCC RESO 91-223RESOLUTION NO. 91-223 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY, APPROVING A ZONE VARIANCE TO REDUCE PARKING REQUIREMENTS FROM 48 SPACES TO 40 SPACES FOR A SHOPPING CENTER WITH A LAUNDROMAT AT THE SOUTHWEST CORNER OF 8TH STREET AND PALM AVENUE. APPLICANT: RICHARD BADT, SILLMAN/WYMAN & ASSOCIATES CASE FILE NO. Z-1991-3 WHEREAS, the appeal of the Planning Commission's approval of an application for a zone variance was considered by the City Council of the City of National City, at a public hearing held on October 22, 1991, 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-1991-3 and IS-1991-12, 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; and 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 October 22, 1991, support the following findings: A. 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, since the project site is in close proximity to several apartment and condominium developments which will be served by the proposed use. This proximity will tend to lessen reliance on automobile trips for convenience related shopping trips. Further, retail centers in the vicinity of the site have been developed with fewer parking spaces per gross floor area of commercial use than that proposed for the project. CONTINUED ON PAGE 2 Resolution No. 91-223 Page 2 of 3 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 condition of the site has a blighting influence on the area and the parking variance will provide an incentive to develop and rehabilitate the site in accordance with General Plan policies to encourage private development which will improve the site and the neighborhood. The close proximity of several apartment and condominium projects would lessen reliance on automobile trips. The variance will also help ensure that a tenant will occupy the new building upon construction. 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 the property is zoned CL (Limited Commercial) on the combined General Plan/Zoning Map which allows laundromats as a permitted use. BE IT FURTHER RESOLVED that the City Council has considered Negative Declaration No. IS-1991-12, approved by the Planning Commission August 19, 1991, 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-1991-3 is approved subject to the following conditions: 1. Parking shall be prohibited in fire lanes as designated by the National City Fire Department. 2. All conditions of approval as set forth by City Council Resolution No. 91-13 which approved Conditional Use Permit No. 1990-9 shall remain applicable. 3. Before this Zone Variance shall become effective, the applicant 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 Zone Variance. 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 CONTINUED ON PAGE 3 Resolution No. 91-223 Page 3 of 3 provide information that conditions imposed by approval of Zone Variance No. 1991-3 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 Planning Director prior to recordation. 4. Use of the property shall be limited to a neighborhood commercial center. 5. This variance shall become null and void if not exercised within one year after adoption of the resolution of approval unless extended according to procedures specified in Section 18.116.190 of the Municipal Code. BE IT FURTHER RESOLVED that copies of this Resolution 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 5th day of November, 1991. GEORGE If. WATERS, MAYOR Al'1'EST: LO ANNE PEOPLES, CITY CLERK APPROVED AS TO FORM: GEO GE H. EISER, III -CITY ATTORNEY