Loading...
HomeMy WebLinkAboutPC Reso 2018-12a - Zone Variance - Home on D Ave.' RESOLUTION NO. 2018-12 (a) A RESOLUTION OF THE PLANNING GOMMISSl,QN OF THE CITY OF NATIONAL CITY, CALIF ORN IA APPROVING A ZONE VARIANCE FOR A REDUCED REAR YARD SETBACK FOR A PROPOSED SINGLE-FAM lt. Y HOUSE TO BE LOCATED AT "D" AVENUE· CASE FILE NO. 2011.:.17 Z APN: 562:122..:31 WHEREAS, the Planning Commission of -the City of National City considered a Zone Variance for a reduced rear yard setba~k for a proposed s i ngle-family house to be located at D Avenue at a duly advertised public hearing held on Ju1y ·2, 2018, at which time oral and documentary evidence was presented; and, -WHEREAS, at said public hearings the Planning Commission considered the staff report contained in Case File No. 2017-17 Z mainta!ned 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 ~lanning Commission of the City of National City, California, that the testimony and evidence presented to the Planning Commission at the public hearing held on July 2, 2018, support the following findings: 1. That the lot is affected by special circumstances, including size.-shape, or topography, that deprive the lot of the ability to · develop per the Land Use Code as others in the area have, because the property has an existing sewer easement running through the site diagonally restricting the normal buildable area afforded standard-sized Jots. In order to build the house as propo~ed, the building would encroach into the required property rear yard setback. 2 . That granting of the Variance does 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 block in the same zone that are affected by the sewer easement. 3. That the Variance does not authorize a use that is not otherwise allowed in the zone, the. proposal is for a single-family home, which is a perrnitted use in the RS -2 zone. 4. That the propose~ project has been reviewed in compliance with the California Environmental Quality Act (CEQA); staff has determined that the proposed use is categorically exempt from environmental review pursuant to Class 32 Section 15332. This section allows for in-fill development that is consistent with the general plan and zoning designation; occurs within city limits; is no more than five acres and substantially surrounded by urban uses; the site has no value as habitat for endangered, rare or threatened species; would not result in any significant effects relating .to traffic, noise, air quality, or water quality; and can be adequateiy served by all required utilities and public services. The development in question·· is consistent with this exemption. 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 house to be located in the rear yard setback of the property located at D Avenue. Except as required by conditions of approval, all plans submitted for permits associated with the project shall conform to Exhibit A, Case File No. 2017-17 Z, dated 8/1/2017). 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 all conditions imposed upon the approval of this permit. Failure to return the signed and notarized Acceptance Form within 30 d~ys 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 Deputy City Manager 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. Buiiding 4. Plans submitted for demolition or improvements must comply with the 2016 edition of the California Building, Electrical, Fire, Plumbing, and Mechanical Codes. Fire 5. Project to be in compliance with the current editions of the California Fire Code, Nationat Fire Protection Association, California Code of Regulations and local City of National City Municipal -Codes. 6. Fire sprinklers shall be installed for the intended use per Chapter 9 section 903.2.5 - 903.2.5.2 (t~ble) of the California Fire Code . Planning 7. The proposed five bedrooms will require that the property provide a third space in addition to the two already provided. The additionai space does not have to be covered, but shall not be in the front yard setback. In addition both the path leading to the space and the space itself must be paved. 8. Landscaping, including trees and groundcover, shall be provided and maintained for the life of the building and shall be irrigated per City standards. 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 meetii:,g. The City Council may, at that meeting, appeal the decision of the Planning Commission and set the matter for public hearing. CERTIFICATION: T his certifies that the Resolution was adopted by the Plann ing Commission at their meeting of July 2, 2018, by the following vote: AYES: Baca, Sendt, Yamane, Garcia, Flores, Dela Paz NAYS: None. ABSENT: Quintero ABSTAIN: None.