HomeMy WebLinkAboutCC RESO 96-52RESOLUTION NO. 96 - 52
RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF NATIONAL CITY APPROVING A
ZONE VARIANCE TO ALLOW A WALL SIGN THAT
EXCEEDS THE 25 SQUARE FOOT MAXIMUM ALLOWED
FOR SIGNS FACING OTHER THAN A STREET
AT 1112 COOLIDGE AVENUE.
APPLICANT: CARLOS LUBEZKY.
CASE FILE NO. Z-1995-6
WHEREAS, the City Council of the City of National City considered a Zone Variance
application to allow a wall sign that exceeds the 25 square foot maximum allowed for signs facing other
than a street at 1112 Coolidge Avenue at the regularly scheduled City Council meeting of April 23,
1996, at which time oral and documentary evidence was presented; and,
WHEREAS, at said public hearing the City Council considered the staff report prepared for Case
File No. Z-1995-6 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 hearing held on
April 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 a sign
installed in accordance with current sign regulations would provide little exposure
and advertising opportunities to traffic on Interstate-5. The property has frontage on
Coolidge Avenue, a secondary street with limited traffic to view signs and
advertising.
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 building is one of a limited number of other two-story
buildings in the area that can effectively utilize this type of advertising.
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Resolution No. 9 6 — 5 2
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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 wall
signs are a permitted use in the ML (Light Manufacturing) zone designation that
applies to the property.
BE IT FURTHER RESOLVED that the application is approved subject to the following
conditions:
1. The existing portion of the sign advertising the telephone number shall be removed
within 45 days of the effective date of this zone variance. The sign authorized by this
variance shall be limited to 202 square feet in size and shall advertise the business
name only.
2. A sign permit shall be obtained from the Planning Department. Except as required by
conditions of approval, plans shall be submitted for review and approval by the
Planning Director in substantial conformance with Exhibit "A", case file no. Z-1995-
6, dated 12/27/95.
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 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 No. 1995-6 are binding on all
present and 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. The sign shall be removed within 30 days of the tenant's vacating the premises.
5. The use of the property authorized by this permit shall be limited to the installation of
a painted wall sign on the westerly wall of the building.
6. 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.
BE IT FURTHER RESOLVED that copies of this Resolution shall be transmitted forthwith to
the applicant; and,
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Resolution No. 9 6 - 5 2
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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 7th day of May, 1996.
GEORGE WATERS, MAYOR
ATTEST:
MA.. 0 h A _1_,`P. urfli A
LO ANNE PEOPLES, CI Y
APPROVED AS TO FORM:
/4 ,i .4.:
GEORGE H. EISER, III -CITY ATTORNEY