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HomeMy WebLinkAboutCC RESO 2015-140RESOLUTION NO. 2015 — 140 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY APPROVING A ZONE VARIANCE TO ALLOW A PARKING SPACE IN THE FRONT YARD SETBACK FOR A SINGLE-FAMILY HOME LOCATED AT 1926 "E" AVENUE WHEREAS, the City Council of the City of National City considered a Zone Variance to allow a parking space in the front yard setback for a single-family home located at 1926 "E" Avenue, at a duly advertised public hearing held on September 1, 2015, at which time the City Council considered evidence; and WHEREAS, at said public hearing the City Council considered the staff report provided for Case File No. 2015-05 Z, which is maintained by the City and incorporated herein by reference, along with other evidence presented at said hearing; and WHEREAS, this action is taken pursuant to all applicable procedures required by State and City law; and WHEREAS, the action hereby taken is found to be essential for the preservation of the public health, safety, and general welfare. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of National City that the evidence presented to the City Council at the public hearing held on September 1, 2015, support the following findings: 1. Because of special circumstances applicable to the property, including size, shape, or topography, the strict application of Title 18 of the Municipal Code (Zoning) deprives such property of privileges enjoyed by other properties in the vicinity and under the identical zone classification, since the property is less than half the minimum lot size required in the zone, which restricts the normal buildable area afforded standard -shaped lots, and given the location of the existing house, there is no room to locate a parking area — covered or otherwise — on the lot without encroaching into the required front yard setback. 2. 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 there are multiple properties in the same neighborhood in the same zone which have parking areas in the front of lot, and since conditions ensure that appropriate permits will be submitted for construction of the driveway to meet City standards. 3. 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 a single-family home is required to have at least two parking spaces per the Land Use Code, where there are none, and that parking in and of itself is required and allowed in all zones throughout the City. BE IT FURTHER RESOLVED that the application for a Conditional Use Permit is approved subject to the following conditions: Resolution No. 2015 — 140 September 15, 2015 Page Two General 1. This Zone Variance authorizes a parking space to be located in the front yard setback of single-family residential located at 1926 "E" Avenue. Plans submitted for approvals shall show the location of the parking space in substantial conformance with Exhibit A, Case File No. 2015-05 CUP, dated 3/19/2015. 2. Within four (4) days of approval, pursuant to Fish and Game Code 711.4 and the California Code of Regulations, Title 14, Section 753.5, the applicant shall pay all necessary environmental filing fees for the San Diego County Clerk. Checks shall be made payable to the County Clerk and submitted to the National City Planning Department. 3. 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 18.12.040 of the Municipal Code. 4. 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 Department 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 Executive Director prior to recordation. Engineering 5. If the existing driveway is reconstructed, drainage shall be directed away from the foundation of the existing structure. 6. The maximum height of fences and walls within the front yard setback is four feet. The height of existing fencing or walls that exceed this dimension shall be reduced to four feet less for visibility and pedestrian safety purposes. 7. The existing gate used for vehicular access swings out across the sidewalk, which is prohibited. The gate shall be reconfigured or reconstructed so that it does not swing into the public right-of-way. 8. A driveway permit shall be obtained from the National City Engineering Division. The cost is $297. 9. A plan review and inspection fee of $500 shall be posted with the National City Engineering Division. Resolution No. 2015 — 140 September 15, 2015 Page Three 10. All vehicular access to the property shall utilize a City -approved driveway apron and driveway. Driving a vehicle over the curb to access the property is a violation of National City Municipal Code Section 7.18.130, violation of which may result in citations or other legal remedies. Planning 11. Temporary vehicle covers or other similar structures are not permitted. Any existing structures of this kind shall be removed immediately. 12. A "pony" wall or similar obstruction shall be constructed adjacent to the north side of the proposed parking space, in order to prevent parking parallel to the front of the residence. Only perpendicular parking shall be permitted. Plans for the construction of the wall shall be to the satisfaction of the Planning Department. The wall shall be constructed prior to sign off of the driveway permit. BE IT FURTHER RESOLVED that this Resolution shall become effective, final, and conclusive on the day following the City Council meeting where this Resolution is adopted. The time within which judicial review of this decision may be sought is governed by the provisions of Code of Civil Procedures Section 1094.6. ATTEST: PASSED and ADOPTED this 15th day of Septe • - 2015. ee// MichR. DaIIa, City Jerk •PPRO ED AS TO FO dia Gacit City Attorney a Silva on Morrison, Mayor Passed and adopted by the Council of the City of National City, California, on September 15, 2015 by the following vote, to -wit: Ayes: Councilmembers Cano, Mendivil, Morrison, Rios, Sotelo-Solis. Nays: None. Absent: None. Abstain: None. AUTHENTICATED BY: RON MORRISON Mayor of the City of National City, California ,21,.„1 i ,A. City CI rk of the City of tional City, California By: Deputy I HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of RESOLUTION NO. 2015-140 of the City of National City, California, passed and adopted by the Council of said City on September 15, 2015. City Clerk of the City of National City, California By: Deputy