HomeMy WebLinkAboutReso 7-92, PD-1992-1RESOLUTION NO.7-92
A RESOLUTION OF THE PLANNING COMMISSION
OF THE CITY OF NATIONAL CITY, CALIFORNIA
DENYING A PLANNED DEVELOPMENT PERMIT
FOR A RESIDENTIAL AND COMMERCIAL
MIXED USE DEVELOPMENT AT THE NORTHWEST
CORNER OF 8TH STREET AND HARBISON AVENUE.
APPLICANT: JUANITO P. VERZOSA.
CASE FILE NO. PD-1992-1
WHEREAS, the Planning Commission of the City of National City, California, considered
a Planned Development Permit Application and proposed Negative Declaration for a residential
and commercial mixed use development at the northwest corner of 8th Street and Harbison
Avenue at the public hearing held on April 6, 1992, at which time oral and documentary evidence
was presented; and,
WHEREAS, at said public hearing the Planning Commission considered the entire
contents of Case File No. PD-1992-1 and IS-1992-1 which are 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, 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 Planning Commission of the City
of National City, California, that the testimony and evidence presented to the Planning
Commission at the public hearing held on April 6, 1992, fail to support findings, required by the
Municipal Code for granting any planned development permit, that the site for the proposed use is
adequate in size and shape, and that the proposed use will not have an adverse effect upon
adjacent or abutting properties; and,
BE IT FURTHER RESOLVED by the City Planning Commission that said evidence and
testimony fail to show that requested exceptions to design standards are necessary to develop the
property and fail to support findings required by the Municipal Code for granting the requested
exceptions, that the strict application of the zoning regulations deprives this property of privileges
enjoyed by other property in the vicinity and under identical zoning classification, and that the
exceptions requested are subject to such conditions that the adjustments would not constitute a
grant of special privileges inconsistent with the limitation upon other properties in the vicinity and
zone in which such property is located; and
BE IT FURTHER RESOLVED by the City Planning Commission of the City of National
City, California that the testimony and evidence presented to the Planning Commission at the
public hearing held on April 6, 1992 support the following findings:
1. That the site for the proposed use is not adequate in size and shape, because there is
no provision for separate truck loading facilities and the required court yard
dimensions and setbacks are not provided as required by Title 18 (Zoning) of the
Municipal Code, and
2. That the proposed use will have an adverse effect upon adjacent or abutting
properties, since the parking area cannot be secured which will lead to lack of
security for adjacent residences and residents of the proposed project, and
3. That because there are no special circumstances applicable to the property,
including size, shape, topography, location or surroundings, the strict application of
Title 18 of the Municipal Code (Zoning) will not deprive such property of privileges
enjoyed by other property in the vicinity and under identical zoning classification.
The property is similar in size and shape and is flat as are other properties in the
area, and
4. That the requested exceptions are not 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 there are no site constraints that would
prevent the project proponent from providing the necessary setbacks and loading
areas as required for similar projects in the same zone.
BE IT FURTHER RESOLVED that the application for Planned Development Permit
No. 1992-1 is denied.
BE IT FURTHER RESOLVED that copies of this Resolution be transmitted forthwith to
the applicant and to the City Council.
BE IT FINALLY RESOLVED that this Resolution shall become effective and final on
the day following the City Council meeting where the Planning Commission resolution is set for
review, unless an appeal in writing is filed with the City Clerk prior to 5:00 p.m., on the day of that
City Council meeting. The City Council may, at that meeting, appeal the decision of the Planning
Commission and set the matter for public hearing. 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.
CERTIFICATION:
This certifies that the Resolution was adopted by the Planning Commission at their meeting of
April 20, 1992 by the following vote:
AYES: Godshalk, Large, Aguilera, Detzer
NAYS:
ABSENT: Baca
ABSTAIN: Knutson, Flores
CHAIRMAN