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Home My WebLink AboutCC ORD 2019-2461 ZC 2017-13 RS-2 to MXD-2 (3)ORDINANCE NO. 2019 - 2461 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY, CALIFORNIA, APPROVING A ZONE CHANGE FROM SMALL LOT RESIDENTIAL (RS-2) TO MAJOR MIXED -USE DISTRICT (MXD-2) FOR A 5,500 SQUARE -FOOT COMMERCIAL CENTER AT PROPERTY LOCATED AT 2305, 2311 SWEETWATER ROAD AND 3320, 3330, 3336 ORANGE STREET. APPLICANT: MURAOKA ENTERPRISES, INC. CASE FILE NO. 2017-13 ZC 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 (APNs 563-252-12 through 14 and 563-252-23 & 28), hereinafter described in Exhibit "A", and for the amendment of the Zoning Map of the City of National City; and, WHEREAS, pursuant to legal notice, public 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, 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 the rezoning; and, WHEREAS, the City Council finds the rezoning consistent with and necessary to implement the General Plan; NOW, THEREFORE, the City Council of the City of National City, California does ordain 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 in Exhibit "A" is hereby rezoned from Small Lot Residential (RS-2) to Major Mixed -Use District (MXD-2). Exhibit "A" is attached hereto and by this reference made a part hereof. Ordinance No. 2019 - 2461 June 18, 2019 Page 1 of 2 Zone Change SECTION 3. This Ordinance shall take effect and be in force thirty (30) days from the date of its passage, and before the expiration of fifteen (15) days after its passage, it or a summary of it, shall be published once, with the names of the members of the City Council voting for and against the same in the Star News, a newspaper of general circulation published in the County of San Diego, California. Section 4. 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 18th day of June, 2019. ATTEST: nil Michael R. Dalla, City Clerk APPROVED AS TO FORM: orri ones CAttorney Ordinance No. 2019 - 2461 June 18, 2019 Alejandra Sotelo-Solis, Mayor Page 2 of 2 Zone Change Passed and adopted by the Council of the City of National City, California, on June 18, 2019 by the following vote, to -wit: Ayes: Councilmembers Cano, Morrison, Quintero, Rios, Sotelo-Solis. Nays: None. Absent: None. Abstain: None. AUTHENTICATED BY: ALEJANDRA SOTELO-SOLIS Mayor of the City of National City, California City Clerk of the City of National City, California By: I HEREBY CERTIFY that a Notice of Public Hearing was given pursuant to Government Code Section 65090 and Section 65094 in accordance with Government Code Section 6061 by publication in a newspaper of general circulation within the jurisdiction of National City on June 7, 2019. 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. 2019-2461 of the City Council of the City of National City, passed and adopted by the Council of said City on June 18, 2019. By: City Clerk of the City of National City, California Deputy Exh I bit"A" LEGAL DESCRIPTION Real property in the City of National City, County of San Diego, State of California, described as follows: PARCEL 1: 563-252-12-00 ALL THAT PORTION OF LOT 5 IN BLOCK "B" OF NATIONAL CITY Li f 1 LE FARM ADDITION, IN THE CITY OF NATIONAL CITY, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 1187, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, JUNE 17, 1909, DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEASTERLY CORNER OF SAID LOT 5; THENCE SOUTH 71° WEST ALONG THE NORTHERLY UNE OF SAID LOT, 147.42 FEET; THENCE SOUTH 19° EAST ALONG A LINE PARALLEL WITH THE EASTERLY LINE OF SAID LOT, 49.22 FEET; THENCE NORTH 71° EAST PARALLEL WITH SAID NORTHERLY LINE, 147.42 FEET TO THE EASTERLY LINE OF SAID LOT; THENCE NORTH 19° WEST ALONG SAID EASTERLY LINE, 49.22 FEET TO THE POINT OF BEGINNING. PARCEL 2: 563.252-14-00 ALL THAT PORTION OF LOTS 4 AND 5 IN BLOCK "B'" OF NATIONAL CITY LITTLE FARM ADDITION, IN THE CITY OF NATIONAL CITY, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO, 1187, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, JUNE 17, 1909, DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEASTERLY CORNER OF SAID LOT 5; THENCE NORTH 19° WEST ALONG THE EASTERLY LINE OF SAID LOT, 49.22 FEET TO THE SOUTHEASTERLY CORNER OF A PORTION OF SAID LOT 5 CONVEYED TO JESSE G. GROSS AND WIFE BY DEED DATED AUGUST 18, 1942 AND RECORDED IN BOOK 1373, PAGE 498 OF OFFICIAL RECORDS; THENCE SOUTH 71° WEST ALONG THE SOUTHERLY LINE OF LAND SO CONVEYED, 147.42 FEET TO THE SOUTHWESTERLY CORNER THEREOF; THENCE SOUTH 19° EAST 6,10 FEET, MORE OR LESS, TO THE NORTHERLY LINE OF THE COUNTY ROAD KNOWN AS ROAD SURVEY NO. 558, ACCORDING TO THE MAP THEREOF ON FILE IN THE COUNTY SURVEYOR'S OFFICE; THENCE SOUTHEAS t ERLY ALONG SAID NORTHERLY UNE OF SAID ROAD, 177.75 FEET, MORE OR LESS, TO THE EASTERLY LINE OF SAID LOT 4; THENCE NORTH 19° WEST, ALONG SAID EASTERLY UNE, 66.81 FEET TO THE POINT OP BEGINNING. PARCEL 3: 563-252-13-00 ALL THAT PORTION OF LOT 5 IN BLOCK "B" OF NATIONAL CITY LITTLE FARM ADDITION, IN THE CITY OF NATIONAL CITY, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 1187, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, JUNE 17, 1909, DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEASTERLY CORNER OF SAID LOT 5; THENCE SOUTH 71° WEST ALONG THE NORTHEASTERLY LINE OF SAID LOT, 147.42 FEET; THENCE SOUTH 19° EAST ALONG A LINE PARALLEL WITH THE EASTERLY LINE OF SAID LOT, 98.44 FEET; THENCE NORTH 71° EAST PARALLEL WITH SAID NORTHERLY LINE, 147.42 FEET TO THE EASTERLY LINE OF SAID LOT; THENCE NORTH 19° WEST ALONG SAID EASTERLY LINE, 98.44 FEET TO THE POINT OF BEGINNING, EXCEPTING THEREFROM THE NORTHERLY 49.22 FEET THEREOF. Exhibi PARCEL 4: 563-252-23-00 "A" ALL THAT PORTION OF LOT 5, IN BLOCK "B" OF NATIONAL CITY LITT411 FARM ADDITION, IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 1187, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, JUNE 17, 1909, DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF SAID LOT 5; THENCE NORTH 71°OO'OO" EAST ALONG THE NORTH LINE THEREOF 94.08 FEET TO THE TRUE POINT OP BEGINNING; THENCE NORTH 71°00`0O" EAST CONTINUING ALONG SAID NORTH LINE 52.91 FEET, MORE OR LESS, TO THE NORTHWEST CORNER OF LAND DESCRIBED IN DEED TO JESSE G. GROSS, ET UX, RECORDED AUGUST 20, 1942, IN BOOK 1373, PAGE 498 OF OFFICIAL RECORDS; THENCE SOUTH 19°00'00" EAST PARALLEL WITH THE EASTERLY LINE OF SAID LOT 5 BEING ALONG THE WESTERLY LINE OF SAID GROSS LAND AND THE SOUTHERLY PROLONGATION THEREOF 114.54 FEET, MORE OR LESS, TO THE NORTHERLY LINE OF COUNTY ROAD SURVEY NO, 558, ACCORDING TO THE MAP THEREOF ON FILE IN THE OFFICE OF THE COUNTY SURVEYOR; THENCE WESTERLY ALONG THE NORTHERLY LINE OF SAID ROAD TO THE INTERSECTION WITH A LINE BEARING SOUTH 19°00'0O" EAST PARALLEL WITH THE EASTERLY LINE OF SAID LOT FROM THE TRUE POINT OF BEGINNING: THENCE NORTH 19°OO'OO" WEST TO THE TRUE POINT OP BEGINNING. PARCEL 5: 563-252-28-00 ALL THAT PORTION OF LOT 5, IN BLOCK "B" OF NATIONAL CITY LITRE FARM ADDITION, IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO, 1187, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, JUNE 17, 1909, DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWESTERLY CORNER OF SAID LOT 5; THENCE NORTH 71°00'00" EAST ALONG THE NORTHERLY LINE OF SAID LOT, 94 FEET 8 INCHES; THENCE SOUTH 19°00'00" EAST PARALLEL WITH THE EASTERLY LINE OF SAID LOT 5 TO THE NORTHERLY LINE OF COUNTY ROAD SURVEY NO. 558; THENCE NORTHWESTERLY ALONG SAID NORTHERLY LINE TO THE WESTERLY LINE OF SAID LOT 5; THENCE NORTH 18°25'00" WEST ALONG WESTERLY LINE 14.61 FEET TO THE POINT OF BEGINNING.