HomeMy WebLinkAboutReso 17-95, Z-1995-2RESOLUTION NO. 17-95
A RESOLUTION OF THE PLANNING COMMISSION
OF THE CITY OF NATIONAL CITY, CALIFORNIA,
APPROVING A ZONE VARIANCE TO ALLOW CREATION
OF THREE PARCELS WITHOUT STREET FRONTAGE AND
FIVE PARCELS WITH ACCESS VIA AN EASEMENT AT THE
SOUTHWEST CORNER OF HIGHLAND AVENUE AND STATE ROUTE 54.
APPLICANT: PACIFIC NATIONAL CITY HOLDING, L.L.C.,
C/O AMERICAN ASSETS
CASE FILE NO. Z-1995-2
WHEREAS, the Planning Commission of the City of National City considered a zone
variance application for creation of three parcels without street frontage and five parcels with
access via an easement in conjunction with a tentative parcel map application at the southwest
corner of Highland Avenue and State Route 54 at the regularly scheduled Planning Commission
meeting on August 21, 1995, 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-1995-2, 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 for the preservation of
public health, safety, and general welfare.
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 August 21, 1995, support the following findings:
1. That because of special circumstances applicable to the property, including size, shape,
topography, 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 the location of the property adjacent to a
freeway, and its rectangular shape with its narrowest side fronting Highland Avenue, limits
the amount of street frontage available and restricts the number of available direct access
ways to Highland Avenue. Also, it is undesirable to have numerous, separate access
driveways to each parcel from Highland Avenue.
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
limitation upon other properties in the vicinity and zone in which such property is situated,
since the location and shape of the property limits the amount of frontage and number of
direct access ways to Highland Avenue.
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 commercial
shopping centers are a permitted use in the CG (General Commercial) zone designation
which applies to the property.
BE IT FURTHER RESOLVED that the application for Zone Variance is approved subject
to the following conditions:
1. 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 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
Zone Variance-1995-2 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.
2. Use of the property as authorized by this Zone Variance shall be limited to a commercial
shopping center.
3. This permit shall become null and void if not exercised within 2 years 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 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
September 18, 1995, by the following vote:
AYES: MARTINELLI, FLORES, LARGE, KNUTSON, BACA, GODSHALK, DETZER
NAYS:
ABSENT:
ABSTAIN:
CHAIRMAN