HomeMy WebLinkAboutPC Resolution 1-2011RESOLUTION NO. 1-2011
A RESOLUTION OF THE PLANNING COMMISSION
OF THE CITY OF NATIONAL CITY, CALIFORNIA,
APPROVING A ZONE VARIANCE TO ALLOW PARKING SPACES
AND LIGHT POLES IN THE FRONT YARD SETBACK
AT AN EXISTING CHURCH LOCATED AT
125 PALM AVENUE.
APPLICANT: MISAEL ZARAGOZA/APOSTOLIC ASSEMBLY
OF THE FAITH IN CHRIST JESUS CORPORATION
CASE FILE NO. 2010-35 Z
WHEREAS, the Planning Commission of the City of National City considered a
Zone Variance to allow parking spaces and light poles in the front yard setback at an
existing church located at 125 Palm Avenue at a duly advertised public hearing held on
January 10, 2011, 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. 2010-35 Z, 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 January 10, 2011, support the following
findings:
1. Because of special circumstances applicable to the property, the strict
application of Title 18 of the Municipal Code (Zoning) deprives such property of
privileges enjoyed by other properties in the vicinity and under the identical zone
classification, since the narrow width of the lot reduces useable lot area
proportionally greater than other properties located in the IP zone.
2. 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 limitations upon other properties in the vicinity and zone in which such
property is situated, since the triangular lot has more property restricted by the
front yard setback than a standard shaped lot of the same square footage.
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,
since parking lots are an allowable use or activity in the IP zone.
BE IT FURTHER RESOLVED that the application for Zone Variance is approved
subject to the following conditions:
General
1. This Zone Variance authorizes the expansion of a parking lot (paving and light poles)
in the front yard setback at an existing church located at 125 Palm Avenue. Plans
submitted for approvals shall be in substantial conformance with Exhibit A, case file
no. 2010-35 Z, dated 11/24/2010.
2. 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.
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 18.116.190 of the Municipal Code.
4. 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 Development Services
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 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 Development Services Director prior to recordation.
Building
5. Any plans submitted for improvements must comply with the current editions of the
California Building Code, the California Mechanical Code, the California Plumbing
Code, the California Electrical Code, and California Title 24 energy and handicapped
regulations.
6. Obtain a building permit prior to installation of the light poles.
Engineering
7. The owner understands that any structure placed within the setback area may be
removed or relocated in the future for street widening purposes.
8. The owner shall be responsible for the cost of removal and/or relocation of all
structures placed in the setback area by the owner or their contractor, developer, or
leasers.
9. The owner shall submit a grading and drainage plan for the construction of the parking
facility and obtain a construction permit from the City Engineers Office.
Planning
10. The applicant shall submit a revised site plan approved by the Planning Division prior
to the issuance of grading permits or building permits. The site plan shall reflect new
landscaping and planters on the property, a covered trash enclosure, and parking
spaces 33-39 to standard parking dimensions or returned to landscape area.
11. This Variance shall expire one year from the approval date if the improvements
described in Condition #10 are not installed to the satisfaction of the Planning
Division. Additionally, no building permit shall be finaled until improvements in
Condition #10 are completed.
12. Parking spaces located in the front yard setback cannot be counted towards the
expansion of the church with regards to new construction, seating capacity, etc. since
expansion of Palm Avenue will eventually require removal of the spaces.
13. Light from the light poles shall be shaded and adjusted to fall only on church property.
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
January 10, 2011, by the following vote:
AYES: DeLaPaz, Farias, Alvarado, Baca, Pruitt, Reynolds, Flores
NAYS:
ABSENT:
ABSTAIN:
HAIRP SON