HomeMy WebLinkAboutCC RESO 2003 - 149RESOLUTION NO. 2003 — 149
RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF NATIONAL CITY
APPROVING A VARIANCE FOR A
COVERED PATIO IN THE FRONT YARD SETBACK OF
THE AMERICAN LEGION BUILDING AT 35 East 18T" STREET
APPLICANT: AMERICAN LEGION POST 255
CASE FILE NO. Z-2003-4
WHEREAS, the City Council of the City of National City considered a
Variance application for a covered patio in the front yard setback of the American
Legion Post 255 Building at 35 East 18t" Street at a duly advertised public hearing held
on October 7, 2003, 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-2003-4, 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 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 October 7, 2003, support the following findings:
1. That because of special circumstances applicable to the property, including 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 there is a large landscaped parkway,
along the section of East 18th Street in front of the American Legion building, which
should function similarly to a front yard in this area where most properties do not
have landscaped front yards.
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 several properties in the area, and in the Heavy
Commercial zone, have structures located within the front yard setback.
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 American Legion Post 255, a private club, is an established use in the
Heavy Commercial zone.
Resolution No. 2003 — 149
October 21, 2003
Page Two
BE IT FURTHER RESOLVED that the application is approved subject to the
following conditions:
1. This Zone Variance authorizes the construction of a covered patio within the front
yard setback area at 35 East 18th Street. Except as required by conditions of
approval, all plans submitted for permits associated with the project shall conform
with Exhibit A -revised, Case File no. Z-2003-4, dated June 23, 2003.
2. A detailed landscape and underground irrigation plan, including plant types,
methods of planting, etc. shall be submitted for review and approval by the
Planning Director. The landscape plan shall reflect the use of drought tolerant
planting and water conserving irrigation devices. The areas to be covered shall
include the planter area between the patio structure and the sidewalk and the
parkway between the sidewalk and the street.
3. Plans must comply with the 2001 editions of the California Building Code, the
California Mechanical Code, the Califomia Plumbing Code, the California Electrical
Code, and California Title 24 energy and handicapped regulations.
4. Exterior walls of buildings to a height of not less than six feet shall be treated with a
graffiti resistant coating subject to approval from the Building and Safety Director.
Graffiti shall be removed within 24 hours of its observance.
5. A Knox Box shall be installed to allow for emergency access.
6. Access to the existing gas meter shall remain open and accessible.
7. 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.
8. 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 be transmitted
forthwith to the applicant.
Resolution No. 2003 — 149
October 21, 2003
Page Two
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 California Code of Civil Procedure Section 1094.6.
PASSED and ADOPTED this 21st day of October, 2003.
Nidk'rrizuriz'a, ayor
ATTEST:
APPROVED AS TO FORM:
if/3 eido14:
George H. Eiser, III
City Attorney