HomeMy WebLinkAboutCC RESO 96-53RESOLUTION NO. 9 6 - 5 3
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF NATIONAL CITY, CALIFORNIA,
APPROVING A ZONE VARIANCE TO ALLOW A SIGN THAT EXCEEDS
THE 25 SQUARE FOOT MAXIMUM ALLOWED FOR SIGNS FACING
OTHER THAN A STREET AT 211 WEST PLAZA BOULEVARD.
APPLICANT: RICHARD KING
CASE FILE NO. Z-1995-5
WHEREAS, an appeal to the City Council of the Planning Commission's denial of an
application for a zone variance to allow a sign that exceeds the 25 square foot maximum allowed
for signs facing other than a street at 211 West Plaza Boulevard was considered by the City
Council of the City of National City at a public hearing held on 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 contained
in Case File No. Z-1995-5, 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
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 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 wall sign installed in accordance with
current sign regulations would provide little, if any, visibility from Interstate 5 because of
the distance of the site from the freeway.
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 westerly building wall on which the sign is located orients toward the freeway,
however, its distance from the freeway limits visibility of a sign that conforms with current
sign regulations.
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Resolution No. 9 6 — 5 3
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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 signs are a
permitted use in the ML (Light Manufacturing) zone designation which applies to the
property.
BE IT FURTHER RESOLVED that the application for Zone Variance is approved subject
to the following conditions:
1. An approximately 12 foot by 5 foot portion of the raised sidewalk along Hoover Avenue
shall be removed and replaced.
2. A permit and performance bond will be required for all improvement work within the
public right-of-way prior to approval of a permit for the sign.
3. The existing sign advertising the telephone number shall be removed. The sign authorized
by this variance shall be limited to 300 square feet of background and 200 square feet of
copy and shall advertise the name of the business only.
4. A sign permit shall be obtained from the Planning Department. Except as otherwise
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-1995-5,
dated 1/4/96.
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-1995-5 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.
6. Use of the property as authorized by this zone variance shall be limited to one large,
permanent wall sign located along the westerly building face.
7. This permit shall become null and void if not exercised within 1 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 6 — 5 3
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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 7th day of May, 1996.
GEORGE ft.. WATERS, MAYOR
ATTEST:
LO ANNE PEOPLES, CITY CLERK
APPROVED AS TO FORM:
ged.;. 2IL
GEORGE H. EISER, III -CITY ATTORNEY