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HomeMy WebLinkAboutReso 4-2013RESOLUTION 4-2013 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NATIONAL CITY, CALIFORNIA, APPROVING A ZONE VARIANCE FOR A REDUCED REAR YARD SETBACK RELATED TO A RESIDENTIAL ADDITION AT 1624 SOUTH LANOITAN AVENUE. APPLICANT: SILVIA SOTELO CASE FILE NO. 2013-01 7 WHEREAS, the Planning Commission of the City of National City considered a Zone Variance for a reduced rear yard setback related to a residential addition at 1624 South Lanoitan Avenue at a duly advertised public hearing held on March 4, 2013, 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. 2013-01 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 March 4, 2013, 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 properties in the vicinity and under the identical zone classification, since the property, is shallow in depth, which restricts the normal buildable area afforded standard -shaped lots, and since the north side of the lot is restricted by a retaining wall due to an embankment sloping down into the property. 2. The requested Variance is sullied to such conditions which will assure that the adjustment authorized will not constitute a grant of special privileges inconsistent with the !imitations upon other properties in the vicinity and zone in which such property is situated, since there are multiple properties in the same neighborhood in the same zone which have Tess than the required rear yard setback. 3. The Variance does not authorize a use or activity which is not otherwise expressly authorized by the zoning regulations dovernin t the parcel of property, since a single- family residence is an allowed use in the underlying residential zone (RS-2). BE IT FURTHER RESOLVED that the application for Zone Variance is approved subject to the following conditions: General 1. This Zone Variance authorizes a single-family residential addition with a less than required rear yard setback at 1624 Lanoitan Avenue. Plans submitted for approvals shall show the location of the addition in substantial conformance with Exhibit A, case file no. 2013-01 CUP, dated 117f2013. 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 Farm, 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 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. 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. Engineering 6. A drainage plan shall be submitted showing all of the proposed and existing conditions. 7. The Priority Project Applicability checklist for the National Pollutant Discharge Elimination System (NPDES) is required to be completed and submitted to the Engineering Division. 8. The Best Management Practices (BMPs) for the maintenance of the proposed construction shall be undertaken in accordance with the National Pollutant Discharge Elimination System (NPDES) regulations which may require a Storm Water Pollution Prevention Plan (SWPPP) for the project. An approved SWPPP will be required prior to issuing of a construction permit. An existing 90-font wide right-of-way easement reserved hj Sweetwater Authority is located along the westerly 20 feet of the property. The easement shall be shown on plans and permission must be granted by Sweetwater Authority for construction within the easement. e 10. A title report shall be submitted to the Engineering Division, after Planning Commission approval for review of all existing easements and ownership of the property. Fire 11. 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. Planning 12. Plans submitted for building permits must meet appropriate design guidelines as specified by the Land Use Code, including a matching pitch roof and matching construction materials. Sweetwater Authority 13. In the event that the property is ever redeveloped, the existing 20-foot Sweetwater Authority right-of-way easement shall be quitclaimed through the standard (Sweetwaterl_ Authority process. 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, 2013, by the following vote: AYES: Baca, Bush, DeLaPaz, Flores, Pruitt, Reynolds, Alvarado NAYS: None ABSENT:None ABSTAIN: None CHAIRPERSON