HomeMy WebLinkAboutCC RESO 93-31RESOLUTION NO. 9 3- 31
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF NATIONAL CITY, CALIFORNIA, APPROVING
A ZONE VARIANCE FOR A 160 SQ.FT. SIGN
ON A WALL WITH NO STREET FRONTAGE
AT 3007 HIGHLAND AVENUE.
APPLICANT: CHAD K. ROGERS
CASE FILE NO. Z-1992-4
WHEREAS, the appeal of the applicant from the Planning Commission's denial of application
for zone variance was considered by the City Council of the City of National City at public hearings
held on February 23 and March 9, 1993, at which time oral and documentary evidence was presented;
and,
WHEREAS, at said public hearing the City Council considered the staff reports contained in
Case File No. Z-1992-4, 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 the testimony and evidence presented to the City Council at the public hearings held on February
23 and March 9, 1993, 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, since the
building is located approximately 450 feet from Highland Avenue; the location
of the proposed wall sign will be visible from Highland Avenue, although the
wall does not directly face the street; and a wall sign installed in accordance
with current sign regulations would only be marginally visible to vehicular
traffic northbound on Highland Avenue within the immediate area. Such a sign
also would provide limited visibility from Highway 54.
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Resolution No. 9 3— 31
Page 2 of 3
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 a condition imposed upon the property by
a previously approved variance (Z-7-88) precludes the use of a freeway -oriented
pole sign for advertising and thereby restricts the potential for sign visibility
from the south.
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 principal identification wall signs are permitted in the zone.
BE IT FURTHER RESOLVED that the application for Zone Variance is approved subject to
the following conditions:
1. There shall be no additional signage proposed or installed on the south and east facing
walls on the property.
2. The wall signs shall be installed in accordance with that shown on Exhibit A, Case File
No. Z-1992-4, dated 12/2/92.
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 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-1992-4 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. 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.
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Resolution No. 9 3— 31
Page 3 of 3
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. 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 16th day of March, 1993.
GEORGE I$: WATERS, MAYOR
ATTEST:
LA ANNE PEOPLES, CIT CLERK
APPROVED AS TO FORM:
vJ $
GEORGE H. EISER, III -CITY ATTORNEY