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Home My WebLink AboutCC RESO 93-90RESOLUTION NO. 93-90 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY APPROVING A ZONE VARIANCE APPLICATION TO REDUCE THE REQUIRED EXTERIOR SIDE YARD SETBACK FROM TEN FEET TO FIVE FEET FOR AN ADDITION TO A SINGLE-FAMILY RESIDENCE AT 1605 ORANGE STREET. APPLICANT: RAMONA RODRIGUEZ CASE FILE NO. Z-1993-2 WHEREAS, the appeal of the applicant 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 June 22, 1993 at which time oral and documentary evidence was presented; and WHEREAS, at said public hearing the City council considered the staff report for Case File No. Z-1993-2 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, 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 June 22, 1993 support the following findings: 1. That because of special circumstances applicable to the property, including size, shape, 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 the identical zoning classification, since the property is a corner lot with a required ten foot exterior side yard setback while other properties in the vicinity and zone which are not corner lots require a five foot setback. 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 the property is located, since the room addition represents the conversion of an existing patio to habitable area. The construction will not encroach further into the setback area. CONTINUED ON PAGE 2 Resolution No. 9 3— 9 0 Page 2 of 5 3.. That the variance does not authorize a use or activity which is not otherwise expressly authorized zoning regulations governing the parcel of property, since additions to single-family residences are permitted the RS-2 zone. BE IT FURTHER RESOLVED that the application for Zone Variance is approved subject to the following conditions: 1. The site plan shall be revised to be in conformance with City Standards and shall show the following: a). Modification of the existing driveway apron on 16th Street by removing the driveway X's, expanding the flat area from nine feet to twelve feet, and construction of new Xs per Regional Standard Drawing "G-14". Spot elevations shall be shown at the private parking slab and along the concrete ramp leading to the driveway apron. If necessary, the ramp shall be modified to meet the City requirements for driveway and parking area gradients. b). Minor pavement repair on 16th Street consisting of crackfilling the A.C. surface adjoining the driveway and fixing the potholes along the curbing with be required. c). Installation of weepholes, or head joints for the existing retaining walls. The applicant shall submit evidence to the Engineering Department that permits were obtained for the retaining walls and any inspection records accepting the construction. Otherwise, a plan shall be submitted showing all details of the work performed. If the construction is found to be inadequate or substandard, the applicant shall redo/retrofit the existing walls prior to issuance of any construction permits. d). Removal, replacement, or grinding of the raised portions of the sidewalk on 16th Street between the fire hydrant and the driveway consisting of nine 5 ft. by 5 ft. panels to eliminate any tripping hazard. Also, two 5 ft. by 5 ft. sections of the sidewalk shall be ground or replaced at the easterly end of the property on 16th Street to eliminate any tripping hazard. e). Construction of a pedestrian ramp at the curb return of 16th Street and Orange Street in accordance with Regional Standard Drawing "G-28". The construction of a retaining wall may be required in order to provide additional sidewalk behind the ramp. Any necessary dedication of property to accommodate the ramp and the sidewalk shall be shown on the site plan. CONTINUED ON PAGE 3 Resolution No. 9 3— 9 0 Page 3 of 5 fl. A separate document prepared by a registered civil engineer or land surveyor shall be provided if dedication is necessary. All raised portions of the sidewalk at the curb return must be replaced to eliminate any tripping hazards. Construction of a new four foot wide sidewalk along Orange Street to meet the existing sidewalk at the curb return. A retaining wall shall be provided to accommodate the sidewalk. All pertinent retaining wall elevations shall be shown on the site plan. A portion of the property at the southerly property line shall be dedicated for additional right-of-way to accommodate the new sidewalk. The applicant shall comply with the covenant running with the land for the installation of the sidewalk. The sidewalk shall be constructed in accordance with the City's specifications. A sewer permit may be required. The applicant must verify availability and the type of the existing sewer service for the building. 3. The existing street improvements along the property frontage(s) shall be kept free from weed growth by the use of special weed killers, or other methods approved by the City Engineer. The street improvements which will require weed removal are the sidewalk and driveway on 16th Street adjacent to the curbing, and the curb return of 16th and Orange along the sidewalk. 4. A permit shall be obtained from the Engineering Department for all improvement work within the public right-of-way. 5. A cost estimate shall be submitted with the plans. A performance bond equal to the approved cost estimate for all street improvement and retaining wall work shall be posted. Three percent (3%) of the estimated cost shall be deposited with the City for plan checking and inspection costs at the time the plans are submitted. The performance bond shall be posted prior to the approval of any building permits. 6. The building shall be designed and constructed in accordance with the provisions of the 1991 Edition of the Uniform Building Code, Uniform Mechanical Code, and Uniform Plumbing Code, the 1990 National Electrical Code and Title 24 (energy requirements for residential buildings). CONTINUED ON PAGE 4 Resolution No. 9 3— 90 Page 4 of 5 7. A landscape and irrigation plan, designed Guidelines for On -site Landscaping, shall Planning Director. Prior to final approval irrigation shall be installed and inspected. in accordance with National City's be prepared and submitted to the of the addition, the landscaping and 8. The fence and retaining wall surrounding the rear yard shall be completed and coated with a graffiti -resistant material subject to the approval of the Planning Director. 9. The entire home shall have a exterior of stucco, wood siding or other architecturally compatible combination of materials subject to the approval of the Planning Director. Any new roofing material shall match the existing home with regard to type, color, and texture. 10. Plans shall depict the use of water conserving plumbing fixtures. Drought tolerant landscaping and water conserving landscape irrigation devices shall be shown on the landscape plan. 11. Development plans shall be submitted and approved by the Planning Director in conformance with Exhibit "A", Case File No. Z-1993-2. 12. Before this Zone Variance permit 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 From 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 provide information that conditions imposed by approval of Zone Variance No. Z-1993-2 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. 13. Use of the property as approved by this variance shall be limited to an addition to a single-family residence. 14. This permit 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. CONTINUED ON PAGE 5 Resolution No. 9 3 — 9 0 Page 5 of 5 BE IT FURTHER RESOLVED that copies of this Resolution be transmitted forthwith to the applicant. BE IT FINALLY 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 13th day of July, 1993. GEORGE . WATERS, MAYOR ATTEST: LO T ANNE PEOPLES, CIT CLERK APPROVED AS TO FORM: GEORGE H. EISER, III -CITY ATTORNEY