HomeMy WebLinkAboutCC RESO 93-42RESOLUTION NO. 9 3-4 2
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF NATIONAL CITY,
DENYING WITHOUT PREJUDICE
A PLANNED DEVELOPMENT PERMIT FOR
CONSTRUCTION OF AN 18-UNIT APARTMENT
COMPLEX AT THE NORTHEAST
CORNER OF HARBISON AVENUE AND 16TH STREET
APPLICANT: JOHN SIUTA, SILVERGATE BUILDERS, INC.
CASE FILE NO. PD-1992-4
WHEREAS, the appeal to the City Council of the Planning Commission's denial of Planned
Development Permit application (PD-1992-4) was considered by the City Council of the City of
National City at public hearings held on November 10, December 8 and December 22, 1992 and
March 23, 1993 at which time oral and documentary evidence was presented; and,
WHEREAS, at said public hearings the City Council considered the staff report prepared for
Case File No. PD-1992-4 which is 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, this 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 hearings held
on November 10, December 8 and December 22, 1992 and March 23, 1993 fail to support findings,
required by the Municipal Code for granting any planned development permit that the proposed use
will not have an adverse effect upon adjacent or abutting properties, and that the proposed use is
deemed essential and desirable to the public convenience or welfare.
BE IT FURTHER 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 November 10,
December 8 and December 22, 1992 and March 23, 1993 support the following findings:
1. That the proposed use will have an adverse effect upon adjacent or abutting properties,
since developing the site with apartments would be contrary to General Plan policies
which promote the protection of existing single-family neighborhoods from
inappropriate higher -density residential development.
2. That the proposed use is not deemed essential or desirable to the public convenience or
welfare, since the surrounding neighborhood to the north and east is primarily
Resolution No. 93-42
developed with one-story, single-family resident structures and the apartment building
would not be in harmony with the scale and intensity of the neighborhood.
BE IT FURTHER RESOLVED that City Council hereby denies without prejudice Planned
Development Permit No. PD-1992-4; and,
BE IT FURTHER RESOLVED that copies of this Resolution shall be transmitted forthwith to
the applicant; and,
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 6th day of April, 1993.
/..t . --
GEORGE . WATERS, MAYOR
ATTEST:
LO ANNE PEOPLES,CLERK
APPROVED AS TO FORM:
GEORGE H. EISER, III -CITY ATTORNEY