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HomeMy WebLinkAboutPC Resolution 7-2011RESOLUTION NO. 7-2011 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NATIONAL CITY, CALIFORNIA, APPROVING A CONDITIONAL USE PERMIT FOR A 2ND STORY ADDITION TO A SINGLE-FAMILY HOME AT 1220 MANCHESTER STREET CASE FILE NO. 2011-06 CUP APN: 669-120-09 WHEREAS, the Planning Commission of the City of National City considered a Conditional Use Permit for a 2nd story addition to a single-family home at 1220 Manchester Street at duly advertised public hearing held on April 4, 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. 2011-06 CUP 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 April 4, 2011, support the following findings: 1. That the site for the proposed use is adequate in size and shape, since the proposed addition will be able to be constructed within the required building area and without any special accommodations. 2. That the site has sufficient access to streets and highways that are adequate in width and pavement type to carry the volume and type of traffic generated by the proposed use, since the residential use is existing and since the addition will not trigger the need for any additional parking. 3. That the proposed use will not have an adverse effect upon adjacent or abutting properties, since a partial second story is existing and since there are no significant views that would be blocked by the expanded second story. 4. That the proposed use is deemed essential and desirable to the public convenience, since the addition will contribute to the modernization and overall look of the neighborhood and since the residential use is, permitted within the respective residential zone. BE IT FURTHER RESOLVED that the application for Conditional Use Permit is approved subject to the following conditions: General 1. This Conditional Use Permit authorizes a second story addition to an existing single- family residence. Except as required by Conditions of Approval, all plans submitted for permits associated with the project shall conform with Exhibit A, Case File No. 2011-06 CUP, dated 2/14/2011. 2. Within four (4) days of approval, pursuant to Fish 1 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. Before this Conditional Use Permit 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 Conditional Use Permit. 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 Conditional Use Permit 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 Division prior to recordation. 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 18.116.190 of the Municipal Code. Building 5. Plans submitted for construction shall comply with the 2010 editions of the California Building, Electrical, Mechanical, Plumbing, Energy, Fire, Residential and Green Codes Fire 6. The project shall be built to code. The National City Fire Department utilizes the 2010 edition of the California Fire Code and the 2010 edition of NFPA. Planning 7. The second story addition shall be consistent with the ultimate design of the existing residence. 8. All non -permitted construction on site shall be legitimized or removed. 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 April 4, 2011, by the following vote: AYES: Farias, Baca, Pruitt, Flores NAYS: ABSENT: DeLaPaz, Alvarado, Reynolds ABSTAIN: