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HomeMy WebLinkAboutReso 28-2000, CDP-2000-5, Z-2000-8RESOLUTION NO. 28-2000 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NATIONAL CITY, CALIFORNIA, APPROVING A COASTAL DEVELOPMENT PERMIT TO ALLOW CONSTRUCTION OF A SEVEN -FOOT TALL FENCE AND A VARIANCE TO ALLOW THE FENCE TO BE LOCATED WITHIN THE REQUIRED SETBACK AREAS AT THE HISTORIC RAILCAR PLAZA AT THE SOUTHEAST CORNER OF HARRISON AVENUE AND BAY MARINA DRIVE. APPLICANT: SAN DIEGO UNIFIED PORT DISTRICT CASE FILE NOS. CDP-2000-5, Z-2000-8 WHEREAS, the Planning Commission of the City of National City considered a Coastal Development Permit application to allow construction of a seven -foot tall fence and a variance to allow the fence to be located within the required setback areas at the Historic Railcar Plaza at the southeast corner of Harrison Avenue and Bay Marina Drive at a duly advertised public hearing held on December 4, 2000, 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. CDP-2000-5 and Z-2000-8, 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 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 December 4, 2000, support the following findings: RECOMMENDED FINDINGS FOR APPROVAL OF THE COASTAL DEVELOPMENT PERMIT That granting of the Coastal Development Permit is in conformity with and implements the Certified Local Coastal Program, the Harbor District Specific Area Plan, and Coastal Act §§30210-30214, 30220-30224, and 30252, since the project will serve to protect a public plaza; since the project will not affect public access to the coast or water -oriented recreation activities; and since conditions of approval required by the Harbor District Plan for the proposed development will be incorporated into the permit. 2. That granting of the Coastal Development Permit is consistent with all other plans and ordinances of the City, since fences are permitted in the Tourist Commercial Zone and the Variance for the project will allow the fence to be legally located in the required setback areas. 3. That granting of the Coastal Development is consistent with Chapter 5 of the Harbor District Specific Area Plan and Section 18.102 of the Land Use Code, since the proposed wrought iron fence conforms with the development standards described therein. RECOMMENDED FINDINGS FOR APPROVAL OF THE ZONE VARIANCE 1. That because of special circumstances applicable to the property, including size, location and 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 property contains the Railcar Plaza and items of historic significance in an area undergoing redevelopment, and since the property proposed fence would provided needed security for the unique property. 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 several adjacent properties under the same zoning contain structures built in the front and exterior side yard setbacks, and since conditions of the project will require the fencing to be removed when it is no longer necessary for security purposes. 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 permitted in the Tourist Commercial Zone. BE IT FURTHER RESOLVED that the application for Coastal Development Permit and Zone Variance is approved subject to the following conditions: 1. This Coastal Development Permit and Zone Variance authorize the construction of a seven -foot tall wrought iron fence around the perimeter of the Railcar Plaza property and within the required front and exterior side yard setbacks. Except as required by conditions of approval, development plans shall be submitted for review and approval by the Planning Director in substantial conformance with Exhibit A, Case File No. CDP-2000-5/Z-2000-8, dated 11/16/2000. 2. An Encroachment Permit shall be obtained from the Engineering Department for construction in the public right-of-way. 3. Fire Department access must be maintained with a minimum 20-foot width. 4. In order to comply with National City Harbor District Specific Area Plan Section 3.3.3 (d), the applicant/property owner 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 Coastal Development Permit and 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 the Coastal Development Permit and 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 Planning Director prior to recordation. 5. All grading and drainage shall comply with the erosion, sedimentation, and pollution discharge requirements of National City Harbor District Specific Area Plan Section 3.3.3.10. 6. All grading within the Planning Area shall be carried out in a manner that will prevent adverse impacts to Paradise Marsh and other delineated wetlands, as well as to the upland margin habitat buffer. All grading and construction shall be consistent with National City Harbor District Specific Area Plan requirements Sections 3.3.3.11, 3.3.3.12, and 3.3.3.13. 7. The property owner shall remove the fencing when it is no longer needed for security purposes or upon request by the City of National City. Upon removal of the fence, landscaping shall be restored by the property owner. 8. The gate shall be unlocked to make the Railcar Plaza available to the public between 9:00 a.m. and 4:00 p.m. seven days a week. A sign indicating the days and hours that the Railcar Plaza is open shall be conspicuously posted on the property. 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. CERTIFICATION: This certifies that the Resolution was adopted by the Planning Commission at their meeting of December 4, 2000, by the following vote: AYES: UNGAB, PARRA, GODSHALK, VALDERRAMA, BACA, MARTINELLI, DETZER. NAYS: ABSENT: ABSTAIN: CHAIRMAN