HomeMy WebLinkAboutCC RESO 2003 - 137RESOLUTION NO. 2003 —137
RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF NATIONAL CITY
APPROVING A ZONE VARIANCE FOR AN
ADDITION TO 1724 AND 1730 J AVENUE
WITHOUT PROVIDING ADDITIONAL PARKING,
AND RESULTING IN LESS THAN REQUIRED
BUILDING SEPARATION FROM AN
ADJACENT RESIDENCE ON THE SAME LOT
APPLICANT: GEORGE MORENO
CASE FILE NO. Z-2003-6
WHEREAS, the City Council of the City of National City considered a
Zone Variance application for an addition to 1724 and 1730 J Avenue without providing
additional parking, and resulting in less than required building separation from an
adjacent residence on the same lot at the regularly scheduled City Council meeting of
September 2, 2003, 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-2003-6 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 September 2, 2003, 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 existing
close proximity of dwellings on the property restricts possible building addition
locations.
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 limitations upon other properties in the vicinity and zone in which such
property is situated, since on -site parking and outdoor area, at a level consistent
with or greater than nearby properties, will be maintained for each unit.
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 proposed building addition is permitted in the RM-1-PD zone.
Resolution No. 2003 —137
September 16, 2003
Page Two
BE IT FURTHER RESOLVED that the application is approved subject to the
following conditions:
1. This Zone Variance authorizes an addition to 1724 and 1730 J Avenue without
providing additional parking, and resulting in less than required building separation
from an adjacent residence on the same lot. Except as required by conditions of
approval, all plans submitted for permits associated with the project shall conform
with Exhibit A, Case File no. Z-2003-6, dated June 4, 2003.
2. The existing units at 1724 and 1730 J Avenue shall receive a new exterior coat of
stucco and new roofing, to match the proposed addition area.
3. Building plans shall include a detailed landscape and irrigation plan showing
planting and irrigation from the front of the project units forward to the street,
including the parkway.
4. Plans must comply with the 2001 editions of the California Building Code, the
California Mechanical Code, the California Plumbing Code, the California Electrical
Code, and California Title 24 energy and handicapped regulations.
5. Before this Zone 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 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 the
Zone 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.
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,
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.
Resolution No. 2003 —137
September 16, 2003
Page Three
PASSED and ADOPTED this 16th day of September, 2003.
N k , Mayor
ATTEST:
Michael R. Dalla, ty Clerk
APPROVED AS TO FORM:
0,9
George H. Eiser, III
City Attorney