HomeMy WebLinkAboutReso 19-93, Z-1993-6RESOLUTION NO. 19-93
A RESOLUTION OF TBEPLANNING COMMISSION OF
THE CITY OF NATIONAL G TY, � CALII{'ORNIA,
APPROVINGA,ZOE VARIANCE TO
ALLOW AN 8 FOOT HIGH FENCE ==WITH N
THE EXTERIOR SIDE YARD 1SETBACK IN
LIEU OF THE MAXIMUM.4 FOOT HMG T
ALLOWED AT 655. EUCLID;AVENUE.
APPLICANT: PARADISE' VALLEY ]ROSPITAL.
CASE FILE NO. Z-1993-6.
WHEREAS, the Planning Commission of the City of National -City . conside i.: a
Zone Variance Application to allow an 8 foot high fence within the exterior side -yard
setback in lieu of the maximum 4 foot height allowed at 655 Euclid Avenue at the
regularly scheduled Planning Commission meeting on December76, 1993, at which time
oral and documentary evidence was presented; and,
WHEREAS, at said public hearing the Planning Commission considered the staff
report contained in Case File No. Z-1993-6 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 law and City law; and,
WHEREAS, the action recited herein is found to be essential fior the preseryation
of public health, safety, and general welfare; and,
NOW, THEREFORE BE IT RESOLVED by the 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 December 6, 1993, support the following
findings:
1. That because of special circumstances applicable, to the:prgpe ', including
size, shape, topography, location or surroundings, .the strict application: of
Title 18 of the Municipal Code (Zoning) deprives such. property .;l'f
privileges enjoyed by other property in the vicinity ; and under identical
zoning classification, since there are two existing trees .within; the ext
side yard setback and enclosing the trees in fencing will prevent intnters
from gaining access to the parking facility.
2. That the requested variance is subject to such conditions which will assure
that the adjustment authorized will not constitute a grant of speciod
privileges inconsistent with the limitation upon other properties in the
vicinity and zone in which such property is situated, since locating the
fence outside the setback would create a security problem since persons
could gain access into the facility by climbing existing trees.
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 fences are a permitted use in the IP-PD zone.
BE IT FURTHER RESOLVED that the application for Zone Variance is
approved subject to the following conditions:
Applicant shall obtain a building permit for the fence and shall show a
typical view and section of fence on plans.
2. A complete application and sets of plans for a building permit shall be
submitted prior to request being made for Certificate of Occupancy for the
medical building.
3. Before this zone variance shall become effective, the applicant 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 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 all necessary
recording fees to the County. The Notice of Restriction shall provide
information that conditions imposed by approval of Zone Variance-1993-6
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.
4. Use of the property as authorized by this permit shall be limited to a
medical office building with fencing not exceeding eight feet in height and
other permitted uses in the zone.
BE IT FURTHER RESOLVED that copies of this Resolution be transmitted forthwith to
the applicant and to the City Council; and,
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
December 20, 1993 by the following vote:
AYES: MARTINELLI, KNUTSON, LARGE, BACA, FLORES, DETZER, GODSHALK.
NAYS:
ABSENT:
ABSTAIN:
C