HomeMy WebLinkAboutCC RESO 99- 41RESOLUTION NO. 99 — 41
RESOLUTION OF 1'11E: CITY COUNCIL OF THE
CITY OF NATIONAL CITY APPROVING A ZONE
VARIANCE MODIFICATION TO DFLETE A CONDITION
OF APPROVAL REQUIRING A TRASH ENCLOSURE AT
ST. ANTHONY'S CHURCH, 1816 HARDING AVENUE.
APPLICANT: ST. ANTHONY'S CHURCH
CASE FILE NO.: M1-Z-1997-2
WHEREAS, the City Council of the City of National City considered a request for
modification of zone variance application to delete a condition of approval requiring a trash
enclosure at St. Anthony's Church, 1816 Harding Avenue, at the regularly scheduled City
Council meeting of April 6, 1999, 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 Nos. M-Z-1997-2 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, 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 6, 1999, support the following findings:
1. Condition of approval #18 -Planning Commission Resolution #12-97, is not necessary to
ensure that Zone Variance No. Z-1997-2 will not constitute a grant of special privileges
inconsistent with the limitations upon other properties in the vicinity and zone in which
such property is situated, and doesn't affect reasons for any findings made for approval of
the parking variance.
2. Condition of approval #18 - Planning Commission Resolution #12-97 is not needed for
enforcement of Title 7, since the applicant expects to store trash in one 60 gallon
container.
BE IT FURTHER RESOLVED that the application is approved subject to the
following conditions:
1. Outdoor storage of trash receptacles shall be permitted only in conformance with the
requirements of Title 7 of the National City Municipal Code. Outdoor storage of a trash
receptacle not exceeding 60 gallons capacity, or outdoor storage of more than one
receptacle with a combined, total capacity not exceeding 60 gallons, may be permitted
without enclosure, as provided by Title 7.
Resolution No. 99 - 41
April 13, 1999
Page Two
2. Before this Variance Modification becomes 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 Variance Modification.
Failure to return the signed and notarized Acceptance Form within 30 days of its
receipt shall automatically nullify the Variance Modification. 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 Ml-Z-1997-2 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.
3. This variance modification shall be effective for a period of two years, at which time it
shall be reviewed by the City Council for the purpose of either extending or
terminating it.
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 131 day of April, 1999.
}jeety
George H. aters, Mayor
AI ZEST:
Michael R. Dalla, City Clerk
APPROVED AS TO FORM:
George H. Eiser, III
City Attorney