HomeMy WebLinkAboutCC RESO 96-18RESOLUTION NO. 96-18
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF NATIONAL CITY, CALIFORNIA,
APPROVING A ZONE VARIANCE TO ALLOW CREATION
OF ONE PARCEL WITH ACCESS VIA AN
EASEMENT AT 2132 RACHEL AVENUE.
APPLICANT: OSCAR IDANO
CASE FILE NO. Z-1995-4
WHEREAS, an appeal by the City Council of the Planning Commission's approval of an
application for a zone variance to allow creation of one parcel with access via an easement in
conjunction with a tentative map application at 2132 Rachael Avenue was considered by the City
Council of the City of National City at a public hearing held on January 23, 1996, 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 No. Z-1995-4 and IS-1995-14, 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
law 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, California, that the testimony and evidence presented to the City Council at the public
hearing held on January 23, 1996, 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 the identical zone classification, since the site has frontage on Harbison Avenue,
an unimproved right-of-way from which access is not presently possible, and the location of
the lot precludes access to the newly created parcel except via an easement across the
proposed, adjacent parcel to the east.
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 an easement will provide adequate access to the rear parcel and there are other lots in
the area that have been similarly divided.
CONTINUED ON PAGE 2
Resolution No. 96 —18
Page 2 of 3
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 residential
development is a permitted use in the RT (Residential Two-family) zone designation which
applies to the property.
BE IT FURTHER RESOLVED that the City Council has considered the proposed Negative
Declaration No. IS-1995-14 together with any comments received during the public review process
and fords 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 is approved subject
to the following conditions:
1. Prior to issuance of a building permit for proposed Parcel 2, development plans shall be
subject to review and approval by the Planning Director. The site plan shall be in
substantial conformance with Exhibit A, case file nos. Z-1995-4/LS-1995-4, dated 9/26/95.
2. Development on Parcel 2 shall be limited to one single-family residence and permitted
accessory structures.
3. An easement across Parcel 1 for access from Parcel 2 to Rachael Avenue shall be reserved.
The terms of said easement shall state that the easement will expire upon the recordation of
a Notice of Completion for the construction of street improvements on Harbison Avenue
adjacent to Parcel 2.
4. At the time of development of Parcel 2, plans shall be submitted for approval by the
Planning Director showing adequate area for future driveway access to Harbison Avenue
from required parking spaces.
5. 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 provide information that conditions imposed by approval of
Zone Variance-1995-4 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.
CONTINUED ON PAGE 3
Resolution No. 96 —18
Page 3 of 3
6. Use of the property as authorized by this Zone Variance shall be limited to creation of two
parcels for residential development.
7. This permit shall become null and void if not exercised within 2 years after adoption of the
resolution of approval unless extended according to procedures specified in Section
18.116.190 of the Municipal Code.
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 6th day of February, 1996.
/-.A Lc�
GEORGE H. WATERS, MAYOR
ATTEST:
RI ANNE PEOPLES, CITY CLERK
APPROVED AS TO FORM:
GEORGE H. EISER, III -CITY ATTORNEY