HomeMy WebLinkAboutCC RESO 2001 - 75RESOLUTION NO. 2001 — 75
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF NATIONAL CITY
APPROVING A ZONE VARIANCE TO ALLOW A
RESIDENTIAL UNIT AND ELIMINATE ALL REQUIRED
PARKING AT AN EXISTING 4-UNIT APARTMENT
BUILDING AT 930-932 EAST 18"' STREET
APPLICANT: Janet Carreon
Case File No. Z-2001-02
WHEREAS, the City Council of the City of National City considered a Zone
Variance application to allow a residential unit and eliminate all required parking at 930-932
East 18d' Street at the regularly scheduled City Council meeting of May 8, 2001, 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-2001-02, which is maintained by the City and incorporated
herein by reference along with evidence and testimony at said hearing; 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.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
National City that the testimony and evidence presented to the City Council at the public
hearing held on May 8, 2001, support the following fmdings:
1. That because of special circumstances applicable to the property, including
size, location and 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 apartments across J Avenue have a similarly high -density and
do not meet minimum parking requirements.
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 applicant will provide one existing parking space on an adjacent
parcel for the converted unit, and ample parking is available on nearby streets.
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
the multi -family units are allowed by the RM-1-PD zoning.
Resolution No. 2001 - 75
May 15, 2001
Page Two
BE IT FURTHER RESOLVED that the request for a Zone Variance is approved
subject to the following conditions:
1. Except as required by conditions of approval, development plans shall be
submitted for review and approval by the Planning Director in conformance with Exhibit "A",
Case File No. Z-2001-02, dated February 5, 2001.
2. Application and plans must be submitted to the Building and Safety
Department for a Building Permit to convert the garage to a living space. Plans must comply
with the 1998 California Building, Electrical, Plumbing, and Mechanical Codes, and Title 24
Energy and Handicapped Regulations. Specifically, the Dining/Kitchen area must comply with
lighting requirements and the Study and Bedroom must comply with egress requirements.
3. The deteriorated portions of the existing street improvements (10' of
sidewalk) along the property frontages shall be removed and replaced. Street improvements shall
be in accordance with the City Standards. All missing street improvements (115' of gutter on 18th
Street) shall be constructed (Ordinance 1473, 1491, 1734, 1927, 1954, 1957, 92-2033 and 99-
2164).
4. The improvements along the property frontages shall be kept free from
weed growth.
5. A permit shall be obtained from the Engineering Department for all
improvement work within the Public right-of-way (Ordinance 1473, 1491, 1734, 1927, 1954, 92-
2033).
6. Fire Department emergency access shall be available at all times.
7. An agreement shall be recorded with the County Recorder as a covenant
with the land, and approved as to form by the City Attomey, that the proposed off -site parking
space shown on the plans will be maintained for the occupant(s) of the garage conversion. In the
event that said off -site parking space becomes part of a separate parcel, then the variance shall
immediately become null and void.
8. 400 square feet of open space required for the new unit shall be clearly
noted on the fmal building plans.
9. The existing sealed garage doors on the conversion shall be removed and
replaced according to Building Code requirements and finished with a coat of stucco to match the
existing structure.
Resolution No. 2001 - 75
May 15, 2001
Page Three
10. Before this Variance shall become effective, the applicant and the
property owner both 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 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 Variance 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.
BE IT FURTHER RESOLVED that copies of this Resolution be transmitted
forthwith to the applicant; and
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
provisions of Code of Civil Procedure Section 1094.6 govern the time within which judicial
review of this decision may be sought.
PASSED and ADOPTED this 15th day of May, 2001.
e,ItZ
George H. aters, Mayor
ATTEST:
Mich: el R. Dalia, fifty Clerk
APPROVED AS TO FORM:
"3 Am. _
George H. User, III
City Attorney