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Home My WebLink AboutPC Reso 2017-11 - Zone VarianceRESOLUTION NO. 2017-11 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NATIONAL CITY, CALIFORNIA APPROVING A ZONE VARIANCE TO ALLOW ltemno. 6 April17, 2017 A RESIDENTlAL ADDITION IN THE FRONT YARD SETBACK AND A PARKING SPACE IN THE EXTERIOR SIDE YARD SETBACK FOR A SINGLE-FAMILY HOME LOCATED AT 641 EAST 5TH STREET CASE FILE NO. 2017-02 Z APN: 556-233-08 WHEREAS, the Planning Commission of the City of National City considered a Zone Variance to allow a residential addition in the front yard setback and a parkin~ space in the exterior side yard setback for a single-family home located at 641 East 5 Street at a duly advertised public hearing held on April17, 2017, at which time oral and documentary evidence was presented; and, · WHEREAS, at said public heafings the Planning Commission considered the staff report contained in Case File No. 2017-02 Z maintained by the City and incorporated herein by reference along with evidence ·and testir,,ony 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 April17, 2017, 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 propertie~ ln the vicinity and under the identical zone classification, because the property is less than half the minimum lot size required in the zone; which restricts the nonnal buildable area afforded standard.-shaped lots, and given the ~tion of the existing house, there is no room to locate an addition to the single-family residence and parking area - covered or otherwise -on the lot without encroaching into the required front yard and exterior side yard setback. 2. Tne 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,. because there are multiple properties in the same neighborhood in the same zone which meet the minimum lot size and encroach into the front yard setback, and because 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, because a single-family home and parking spaces are allowed uses per the Land Use Code. BE IT FURTHER RESOLVED that the application for a Zone Variance is approved subject to the following conditions: General 1. This Zone Variance authorizes a residential addition to be located in the front yard setback and a parking space to be located in the exterior side yard setback at 641 East sth Street. Except as required by conditions of approval, all plans submitted for permits associated with the project shall conform with Exhibit A, Case File No. 2017-02 Z, dated 212212017). 2. 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 aU 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. 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. Building 4. Plans submitted for demolition or improvements must comply with the 2016 edition ·of the California Building, Electrical, Fire, Plumbing, and Mechanical Codes. Engineering 5. A drainage plan shall be incorporated .into the site plan. In particular, the plan shall show existing and proposed drainage flow at a minimum of 2% away from all structures and foundations for a distance of five feet, methods of collecting runoff and how it will be directed to the street gutters. 6. No runoff will be permitted to flow over the sidewalk or driveway apron. Adjacent properties shall be protected from suiface run-off resulting from this development. 7. As a minimum, the parking pavement sections shall be 2 inch AC. over 4 inch Class li aggregate base or 5 %-inch Portland Cement Concrete (PCC). 8. The proposed driveway shall be constructed in accordance with the San Diego Regional Standard Drawing (SDRSD) G-14 B. 9. The deteriorated portions of the existing sidewalk improvements a!ong the property frontages shall be removed and reJ)Iaced as marked out in the field. Sidewalk shall conform to SDRSD G-7, G-9, G-10, and G-11. 10. All existing survey monuments, including any benchmark, within the boundaries of the project shall be shown on the plans. If disturbed, a licensed land surveyor or civil engineer shall restore them after completion ·of the work. A Comer Record shall be filed with the County of San Diego Recorder. A copy of the documents filed shall be given to the City of National City Engineering Department as soon as filed. 11. A permit shall be obtained from the Engineering Department for all improvement work within the public right-of-way including driveway, sidewalk, and onsite partdng area. The fee for the sidewalk permit is $297, the fee for the driveway permit is $297, and the fee for the onsite pavement section is $396. In the event that closing any portion of the street is required for construction a Traffic Control Plan (TCP) ·shall be submitted for review and approval. The fee for the review of the TCP is $496. 12. The drawing indicates that the proposed driveway is to be te~1 feet two inches wide, all proposed new driveways shall be a minimum twelve feet wide, if this is not possible the owner shall apply for a special driveway permit that allows for the installation of a smaller than standard driveway. A nonrefundable fee of $368 shall be submitted with the special driveway permit application. Fire 13. Plans submitted for improvements must comply with the current editions of the California Fire Code (CFC) and National Fire Protection Association (NFPA). Planning 14. The proposed addition shall match the architectural styte of the existing residence 15. Any gates on tile property providing access to the proposed parking area shall swing or slide within the property and shall not impede the public right-of-way at anytime. 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 April17, 2017, by the following vote: AYES: Garcia, Yamane, Baca, Sendt, Flores, Quintero NAYS: ABSENT: Dela Paz ABSTAIN: