HomeMy WebLinkAboutCC RESO 92-221RESOLUTION NO. 92-221
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF NATIONAL CITY,
APPROVING A ZONE VARIANCE APPLICATION FOR
ACCESS TO A PARCEL VIA AN EASEMENT
FOR PROPERTY LOCATED AT 2208-2210 RACHAEL AVENUE.
APPLICANT: ROGELIO & EMERITA TIPAY
CASE FILE NO. Z-1992-3
WHEREAS, an appeal of the applicant from the Planning Commission's denial of
an application for Zone Variance and of an application for Tentative Parcel Map was
considered by the City Council of the City of National City at a public hearing held on
November 24, 1992, at which time oral and documentary evidence was presented; and,
WHEREAS, at said public hearing the City Council considered the staff report
contained in Case File Nos. Z-1992-3, LS-1992-2, and IS-1992-18, 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 November 24, 1992 support the following findings for approval of the zone
variance:
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, since the project site has frontage on Harbison Avenue, an
unimproved public right-of-way from which access is not currently possible,
and location of proposed parcel 2 of Tentative Parcel Map LS-1992-2
precludes access to the newly created parcel except via an easement across
adjacent property to the east.
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Resolution No. 92-221
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2. 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 easement will provide adequate
access to the property and other lots in the vicinity are similarly divided.
3. 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 proposed single-family residential development of the
property is allowed in the RT zone which applies to the property.
BE IT FURTHER RESOLVED that the City Council has considered the proposed
Negative Declaration No. IS-1992-18 together with any comments received during the
public review process, finds on the basis of the Initial Study and any comments 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 Z-1992-3
is approved subject to the following conditions:
1. Graffiti resistant materials shall be applied to the exterior walls of the buildings to a
height of not less than 6 ft. Any graffiti shall be removed within 24 hours of its
observance.
2. Development plans shall be submitted and approved by the Planning Director in
conformance with Exhibits "A" and "B", Case File Nos. LS-1992-2/Z-1992-3.
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 variance. The applicant shall also
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Resolution No. 92-221
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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-
1992-3 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 one single-family residence per lot created by
proposed Tentative Parcel Map LS-1992-2.
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.
6. Upon improvement of Harbison Avenue, the easement to the westerly property
shall be surrendered and access to Harbison Avenue shall be provided.
7. A wooden fence shall be installed between proposed boundaries of parcels 1 and 2
of proposed Tentative Parcel Map LS-1992-2.
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. The
time within which judicial review of this decision may be sought is governed by the
provisions of Code of Civil Procedure Section 1094.6.
PASSED and ADOPTED this 8th day of December, 1992.
GEORGE . WATERS, MAYOR
ATTEST:
LO ;' I ANNE PEOPLES, CITY CLERK
APPROVED AS TO FO$M:
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GEO ` GE H. EISER, III -CITY ATTORNEY