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HomeMy WebLinkAboutCC ORD 2004-2240 Rezone (Special)ORDINANCE NO. 2004 — 2240 ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY REZONING CERTAIN PARCELS OF REAL PROPERTY PURSUANT TO THE LAND USE CODE FROM RS-1 (SINGLE-FAMILY RESIDENTIAL) TO IP-PD (PRIVATE INSTITUTIONAL -PLANNED DEVELOPMENT) FOR A 2 ACRE SITE AT 5800 BOXER ROAD APPLICANT: CINGULAR WIRELESS CASE FILE NOS. GP-2003-5/ZC-2003-4 WHEREAS, pursuant to the terms and provisions of the Government Code of the State of California, proceedings were duly initiated for the rezoning of the parcels of real property, hereinafter described, and for the amendment of the General Plan of the City of National City; and WHEREAS, pursuant to legal notice, hearings were held by the Planning Commission of National City and also by the City Council of National City, and all persons interested were given the opportunity to appear and be heard before said Planning Commission and City Council; and WHEREAS, the Planning Commission of National City has regularly and duly certified to the City Council its report and has recommended such rezoning and such amendment; and WHEREAS, the City Council found that on the basis of the Initial Study and any comments received that there is no substantial evidence that the project will have a significant effect on the environment and adopted a proposed Negative Declaration which addresses both said General Plan amendment and rezoning; and WHEREAS, the City Council finds the rezoning consistent with and necessary to implement the General Plan, since it will result in residential areas being protected from incompatible wireless communications facilities, and since the Planned Development Overlay zone will ensure that on a case by case basis all new development will be found suitable for the site and lacking the potential to adversely impact the existing residential neighborhood or natural resources in the area. NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of National City, California as follows: Section 1. All protests, if any, against said rezoning and said amendment to the General Plan, and each of them be and hereby are denied and overruled. Section 2. That all the real property described below is hereby rezoned as follows: Ordinance No. 2004 — 2240 Page Two From RS-1 (Single -Family Residential) to IP-PD (Private Institutional -Planned Development) for a 2 acre site at 5800 Boxer Road, as described by case file exhibit (GP-2003-5/ZC-2003-4) on file in the office of the City Clerk as Exhibit "A"; and Section 3. That a Notice of Determination shall be filed indicating that the rezoning will not have a significant effect on the environment. PASSED AND ADOPTED this 16TH day of MARCH / , 2004. Nick Irizunza, Mayor ATTEST: Michael Dalla, City Clerk APPROVED AS TO FORM: George H. iser, III City Attorney AMENDMENT AREA ZONE BOUNDARY 100 0 100 Feet CITY BOUNDARY #15Snomp ATION M Amendment of the Combined General Plan/ GP-2003-52C-2003-<' Zoning Map from RS-1 to IP-PD IS-2003-9 NATIONAL CITY PLANNING FXRIBIT "A" DRN. DATE: 12/3/03 INITIAL HEARING: 12/15/03 Passed and adopted by the Council of the City of National City, California, on March 16, 2004, by the following vote, to -wit: Ayes: Councilmembers Inzunza, Morrison, Natividad, Parra, Ungab. Nays: None. Absent: None. Abstain: None. AUTHENTICATED BY: NICK INZUNZA Mayor of the City of National City, California City Clerk of the City o National City, California By: Deputy I HEREBY CERTIFY that the foregoing ordinance was not finally adopted until seven calendar days had elapsed between the day of its introduction and the day of its final passage, to wit, on March 2, 2004, and on March 16, 2004. I FURTHER CERTIFY THAT said ordinance was read in full prior to its final passage or that the reading of said ordinance in full was dispensed with by a vote of not less than a majority of the members elected to the Council and that there was available for the consideration of each member of the Council and the public prior to the day of its passage a written or printed copy of said ordinance. I FURTHER CERTIFY that the above and foregoing is a full, true and correct copy of ORDINANCE NO. 2004-2240 of the City Council of the City of National City, passed and adopted by the Council of said City on March 16, 2004. City Clerk of the City of National City, California By: Deputy