HomeMy WebLinkAboutCC RESO 2007-69RESOLUTION NO. 2007 — 69
RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF NATIONAL CITY
DENYING A TENTATIVE SUBDIVISION MAP
TO DIVIDE THREE PROPERTIES INTO TWELVE INDIVIDUAL
LOTS (EACH CONTAINING FOUR EXISTING APARTMENT UNITS)
AND A ZONE VARIANCE FOR REDUCED SIDE YARD SETBACKS
WITH AN EXCEPTION FOR REDUCED STREET FRONTAGE
AT 1904-1934 K AVENUE AND 1905-1935 J AVENUE
(VAN LINN APARTMENTS)
Applicant: Westone Management Consultants
Case File No. S-2006-13/Z-2006-7
WHEREAS, application was made for approval of a Tentative Subdivision Map to
divide three properties into twelve individual lots (each containing four existing apartment units)
and a Zone Variance for reduced side yard setbacks with an exception for reduced street
frontage at 1904-1934 K Avenue and 1905-1935 J Avenue (Van Linn Apartments) on property
generally described as:
Block 6 of J. J. O'Brien's Subdivision of the southeast quarter of 20 acre Lot 2 in
quarter section 133 of Rancho de la Nacion, in the City of National City, County
of San Diego, State of California, according to map thereof no. 1068, filed in the
Office of the County Recorder of San Diego County.
WHEREAS, the Planning Commission considered said application at a duly
advertised public hearings held on February 5, 2007, and continued to the meeting of March 5,
2007, at which time the Planning Commission considered oral and documentary evidence, and
recommended approval of the project; and
WHEREAS, the City Council considered said applications at a public hearing
held on April 3, 2007, 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. S-2006-13 and Z-2006-7, 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 that the City Council of the City of
National City hereby denies the Tentative Subdivision Map and Zone Variance for the proposed
division of the Van Linn Apartments (48 rental units) to twelve individual parcels at Avenue
1904-1934 K and 1905-1935 J Avenue based on the following findings:
Resolution No. 2007 — 69
April 17, 2007
Page Two
FINDINGS FOR DENIAL
OF THE TENTATIVE SUBDIVISION MAP
AND AN EXCEPTION FOR REDUCED STREET FRONTAGE
TO DIVIDE THREE PROPERTIES INTO TWELVE INDIVIDUAL LOTS
(EACH CONTAINING FOUR EXISTING APARTMENT UNITS)
FOR THE VAN LINN APARTMENTS
1. The proposed map is inconsistent with the National City General Plan, since the
subdivision will result in an -increase in the number of nonconforming lots.
2. The site is not physically suitable for the proposed type of development, since
the subdivision will result in multiple owners and a higher likelihood of decreased property
management and maintenance and will likely result in increased code enforcement efforts.
3. The site is not physically suitable for the proposed density of development, since
the overall density of the twelve proposed lots, 28.1 units per acre, is inconsistent with the
General Plan density of 22.9 units per acre in the RM-1-PD zone.
FINDING FOR DENIAL OF A ZONE VARIANCE FOR REDUCED
SIDE YARD SETBACKS FOR THE VAN LINN APARTMENTS
1. The strict application of Title 18 of the Land Use Code does not deprive such
property of privileges enjoyed by other properties in the vicinity and under the identical zone
classification, since no special circumstances applicable to the property, including size, location or
surroundings, exist.
2. The requested Variance for reduced setbacks and reduced street frontage would
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 new development in the same vicinity
and zone would be required to provide adequate setbacks and street frontage as required by the
Land Use 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.
PASSED and ADOPTED this 17th day of April,
R:n Morrison, Mayor
ATTEST: APPROVED AS TO FORM:
itzti
el R. Dalla
Mic , City Clerk
� George H. iser, III, City Attorney
Passed and adopted by the Council of the City of National City, Califomia, on April 17,
2007 by the following vote, to -wit:
Ayes: Councilmembers Morrison, Natividad, Parra, Ungab, Zarate.
Nays: None.
Absent: None.
Abstain: None.
AUTHENTICATED BY: RON MORRISON
Mayor of the City of National City, California
/9
City CI: k of the City of National City, California
By:
Deputy
I HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of
RESOLUTION NO. 2007-69 of the City of National City, California, passed and adopted
by the Council of said City on April 17, 2007.
City Clerk of the City of National City, California
By:
Deputy