HomeMy WebLinkAbout2024-01 1924 E 4th Variance NOT ADOPTED
ATTACHMENT 1
RESOLUTION NO. 2024-01
A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF NATIONAL CITY, CALIFORNIA,
DETERMINING THAT THE PROJECT IS CATEGORICALLY EXEMPT FROM THE
CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) UNDER CLASS 3 OF THE
CEQA GUIDELINES SECTION 15303 (NEW CONSTRUCTION OR CONVERSION OF
SMALL STRUCTURES) AND APPROVING A ZONE VARIANCE TO ALLOW A NEW
SINGLE-FAMILY HOME TO DEVIATE FROM REQUIREMENTS FOR MINIMUM LOT
AREA, MINIMUM YARD SETBACKS, THE LOCATION OF PARKING SPACES, AND
MAXIMUM HEIGHT AT A VACANT PROPERTY ON EAST 4TH STREET.
CASE FILE NO. 2023-17 Z
APN: 557-050-32
WHEREAS, the Planning Commission of the City of National City considered a
Zone Variance for a new single-family residence to be located at East 4th Street (APN:
557-050-32) at a duly advertised public hearing held on March 4, 2024, 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. 2023-17 Z 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 March 4, 2024, support the following findings,
which are hereby made:
1. That the property is less than half the minimum lot size required in the zone, which
restricts the normal buildable area afforded standard-sized lots. Furthermore, the
triangular shape of the lot modifies the shape of the area that could be developed.
Given the size and shape of the lot, there is no room to build a residence of a
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typical size with appropriate parking without encroaching into the required property
setbacks and exceeding the maximum height of two stories.
2. That instances exist of properties within the RS-2 that do not meet the same
zoning regulations for which the applicant is requesting relief. Developed
properties with less than 5,000 square feet of lot area east of Interstate 805 are not
common, but they do exist along the freeway and Division Street. There are also
several properties with irregular shapes that do not conform to setback regulations.
Instances of reduced setbacks also occur within reverse corner lots and within
entire subdivisions abutting topographic variations. Single-family residences that
do not meet the maximum height are found throughout National City. Notably,
several Victorian-style mansions incorporate a third story. The RS-2 zone also
includes houses of every decade of construction since the 1880s. A large number
of these residences were developed prior to regulations restricting tandem parking
and parking in the front yard setback. Residents commonly park vehicles in a
manner similar to the request made by the applicant.
3. That the request is to construct a single-family home, which is a permitted use in
the RS-2 zone. The property is also required to have at least two parking spaces
per the LUC, which the applicant intends to provide. Parking in and of itself is
required and allowed in all zones throughout the City.
4. That the proposed project has been reviewed in compliance with the California
Environmental Quality Act (CEQA) and has been determined to be categorically
exempt from environmental review pursuant to Class 3, Section 15303 (New
Construction or Conversion of Small Structures) for which a Notice of Exemption
will be filed subsequent to approval of this Zone Variance. Class 3 consists of
construction and location of limited numbers of new, small facilities or structures
among other similar projects. One single-family residence, or up to three single-
family residences in an urbanized area are explicitly provided for under this
exemption. The proposed project is to construct one single-family residence.
BE IT FURTHER RESOLVED that the application for a Zone Variance is hereby
approved subject to the following conditions:
General
1. This Zone Variance authorizes a single-family residence to deviate from requirements
for minimum lot area, minimum yard setbacks, the location of parking spaces, and
maximum height at a vacant parcel on East 4th Street (APN: 557-050-32). Except as
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required by conditions of approval, all plans submitted for permits associated with the
project shall conform to the revised Exhibit A, Case File No. 2023-17 Z, dated
2/12/2024.
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 Division, 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 Division 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 City Manager or assign prior to recordation.
3. Within four (4) days of approval, pursuant to Fish and Game Code 711.4 and the
California Code of Regulations, Title 14, Section 753.5, the applicant shall pay all
necessary environmental filing fees for the San Diego County Clerk. Checks shall be
made payable to the County Clerk and submitted to the National City Planning
Department.
4. 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
5. Building plans and permits shall be required to meet current California Building,
Mechanical, Electrical, Plumbing, Accessibility, Green, and Energy Codes.
Engineering
6. Applicant shall obtain all necessary permits from the Engineer Department related to
the proposed project. For more information contact the Engineer Department at 619-
336-4380
Fire
7. Plans are to be designed, fabricated and installed to code.
8. Project to be in compliance with the current editions of NFPA, CFC 2022 Edition, title
19 and local City of National City Municipal Codes.
9. Fire Sprinklers which will be required, shall be directly submitted to the National City
Fire Department under separate permit for review and permitting. Fees along with 3
sets of plans including all “Cut Sheets and Calculations” shall be included upon
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submittal. Plan review shall be a 30-day plan review process or 21 working days. No
over the counter plan reviews accomplished/no exceptions. It shall be unlawful to
occupy any portion of the building or structure until the required fire detection, alarm
and suppression system have been tested and approved.
10. Buildings or portions of buildings or facilities exceeding 30 feet in height measured
vertically from the centerline of the street adjacent to the project above the lowest
level of fire department vehicle access shall be provided with approved fire apparatus
access roads capable of accommodating fire department aerial apparatus.
11. Overhead utility and power lines shall not be located over the aerial fire apparatus
access road or between the aerial fire apparatus road and the building. Other
obstructions shall be permitted to be placed with approval of the fire code official.
12. One or more of the required access routes meeting this condition shall be located not
less than 15 feet and not greater than 30 feet from the building, and shall be
positioned parallel to one entire side of the building. The side of the building on which
the aerial fire apparatus access road is positioned shall be approved by the fire code
official.
13. Aerial fire apparatus roads shall have a minimum unobstructed width of 26 feet,
exclusive of shoulders, in the immediate vicinity of the building or portion thereof.
14. Fire hydrants to be located throughout the project as not to have a separation distance
greater than 300 feet. Fire hydrants to be located within 300 feet of all locations which
are roadway accessible. (Measurement starts from nearest existing fire hydrant to
project)
15. The following items pertain to fire hydrants:
a) Size and location, including size and number of outlets and whether outlets are to
be equipped with independent gate valves.
b) Fire hydrant to be of three outlet design.
16. Fire hydrants to be marked by use of blue reflective marker in the roadway.
Information on required fire hydrants back-flow devices, etc; can be acquired from
Sweetwater Authority. All pipe and their appliances, shall meet industry/code
standards for underground use.
Planning
17. Prior to issuance of a building permit for this project, a revised drawing in conformance
with the revised Exhibit A in the case file shall be submitted to the Planning Division.
18. A landscape and underground irrigation plan shall be submitted with building permit
plans as part of the construction permitting process in compliance with Land Use
Code Chapter 18.44 (Landscaping).
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Indemnification Agreement
The Applicant shall defend, indemnify, and hold harmless the City, its agents,
officers, and employees from any and all claims, actions, proceedings, damages,
judgments, or costs, including attorney's fees, against the City or its agents, officers, or
employees, relating to the issuance of this permit including, but not limited to, any action
to attack, set aside, void, challenge, or annul this development approval and any
environmental document or decision. The City will promptly notify the Applicant of any
claim, action, or proceeding. The City may elect to conduct its own defense, participate in
its own defense, or obtain independent legal counsel in defense of any claim related to
this indemnification. In the event of such election, the Applicant shall pay all of the costs
related thereto, including without limitation reasonable attorney's fees and costs. In the
event of a disagreement between the City and Applicant regarding litigation issues, the
City shall have the authority to control the litigation and make litigation related decisions,
including, but not limited to, settlement or other disposition of the matter. However, the
Applicant shall not be required to pay or perform any settlement unless such settlement is
approved by the Applicant.
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 March 4, 2024, by the following vote:
AYES:
NAYS:
ABSENT:
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ABSTAIN: CHAIRPERSON
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