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HomeMy WebLinkAboutCC RESO 16,038RESOLUTION NO. 16,038 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO EXECUTE A MEMORANDUM OF UNDERSTANDING FOR NOTIFICATION OF LAND USE AND DEVELOPMENT ACTIONS. BY THE COUNTY SAN DIEGO AND THE CITIES LOCATED WITHIN THE COUNTY WHEREAS, the County of San Diego approved on May 22, 1989, a Memorandum of Understanding for notification of land use and development actions by the County and Cities of the San Diego region; and WHEREAS, the County of San Diego has requested that all cities located within the County execute said Memorandum of Understanding; and WHEREAS, the notification procedures established by the Memorandum of Understanding are desirable. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of National City that the Mayor is authorized to execute the Memorandum of Understanding, a copy of which is on file in the Office of the City Clerk, and directs the City Clerk to transmit this resolution to the County of San Diego. PASSED and ADOPTED this 25th day of July, 1989. George W. Waters, Mayor ATTEST: Lori Anne Peoples, 1City Clerk APPROVED AS TO FORM: George H. Eiser, III City Attorney ATTACHMENT A MEMORANDUM OF UNDERSTANDING FOR NOTIFICATION OF LAND USE AND DEVELOPMENT ACTIONS BY COUNTY OF SAN DIEGO AND THE CITIES THIS AGREEMENT is made and entered into by and between each of the Cities of the San Diego Region, hereinafter called "Cities", and the COUNTY OF SAN DIEGO, a political subdivision of the State of California, hereinafter called "County"; RECITALS WHEREAS, Government Code Section 65919.1 states that a county and a city may agree upon a procedure for referral by the county to the city or by the city to the county of proposed actions and for comments upon those proposals; and WHEREAS, Board of Supervisors Policy I-55 encourages joint land use planning in spheres of influence and recognizes that the accommodation of both city and County interests "might involve agreement on land use and circulation systems, the phasing of development and annexations, facility financing arrangements, city review of proposed designs/facilities/plans for compatibility with city standards and/or other planning and fiscal arrangements to address the unique needs of the sphere territories"; and WHEREAS, the Board of Supervisors of the County of San Diego has recommended that all jurisdictions within San Diego County should agree to provide notice, share information and solicit comments from adjacent jurisdictions when development proposals are within a certain proximity of, and/or have impacts on, surrounding jurisdictions; and WHEREAS, obtaining early notification of proposed actions, solicitation of affected jurisdictions' input and resolution of regional issues is beneficial to all jurisdictions; AGREEMENT NOW, THEREFORE, the parties agree as follows: Section 1. County Referral of Proposed Actions to City. The County shall refer any proposed discretionary action regarding land use and development including General Plan Amendments, zoning amendments, specific plans, and discretionary development applications to the City when the project or actions meets any of the following criteria: a. The proposed project or action is within a City's Sphere of Influence, as defined by the Local Agency Formation Commission, or is within a City's designated planning review areas, as mutually defined and agreed to by the County and the City; or b. The proposed project or action is within a one mile radius of a City's boundary; or I'MY 2 21989 9 - 2 - c. The proposed project or action is located within a five (5) mile radius of a city's boundary, if said project or action permits one of the following types of regional facilities or has any of the following regional project characteristics: Facilities: o New regional wastewater treatment plants or solid waste disposal sites; or o New airports, transportation centers or light rail transit facilities; or o New government centers, university or college campuses, regional recreation facilities, or criminal justice facilities; or o Modifications of floodplains which would cause an accelerated flow of floodwaters or otherwise potentially affect downstream properties located in adjacent jurisdictions; or o Modifications or relocations of regional circulation element roads and highways which would adversely affect their capacity or function; or Characteristics: o Projects having regional characteristics as defined in Section 15206(b)(2) of the California Environmental Quality Act Guidelines: o residential developments of more than 500 dwelling units; o shopping centers or business establishments employing more than 1,000 persons or encompassing more than 500,000 square feet of floor space; o commercial office buildings employing more than 1,000 persons or encompassing more than 250,000 square feet of floor space; o hotel/motel developments of mory than 500 rooms; o industrial, manufacturing, processing plants, or industrial parks planned for more than 1,000 persons, occupying more than 40 acres of land, or encompassing more than 650,000 square feet of floor area. d. Exclusion Areas. Notwithstanding the above criteria, County referrals shall not be required for specific geographic areas, projects or actions which may be exempted in writing by a City otherwise entitled to receive the notice. Section 2. City Referral of Proposed Actions to County. A City shall refer any proposed discretionary action regarding land use and development, including General Plan Amendments, zoning amendments, specific plans and discretionary development applications to the County when the proposed project or action meets any of the following criteria: MAY 2 21989 10 - 3 a. The proposed project or action is located within a quarter mile of the nearest boundary between the City and the County; or b. The proposed project or action permits one of the following types of regional facilities or has any of the following regional project characteristics: Facilities: o New regional wastewater treatment plants or solid waste disposal sites; or o New airports, transportation centers or light rail transit facilities; or o New government centers, university or college campuses, regional recreation facilities, or criminal justice facilities; or o Modifications of floodplains which would cause an accelerated flow of floodwaters or otherwise potentially affect downstream properties located in adjacent jurisdictions; or o Modifications or relocations of regional circulation element roads and highways which would adversely affect their capacity or function; or Characteristics: o Projects having regional characteristics as defined in Section 15206(b)(2) of the California Environmental Quality Act Guidelines: o residential developments of more than 500 dwelling units; o shopping centers or business establishments employing more than 1,000 persons or encompassing more than 500,000 square feet of floor space; o commercial office buildings employing more than 1,000 persons or encompassing more than 250,000 square feet of floor space; o hotel/motel developments of more than 500 rooms; o industrial, manufacturing, processing plants, or industrial parks planned for more than 1,000 persons, occupying more than 40 acres of land, or encompassing more than 650,000 square feet of floor area. c. Exclusion Areas. Notwithstanding the above criteria, City referrals shall not be required for specific geographic areas, projects or actions which may be exempted in writing by the County. Section 3. City Referral of Proposed Actions to Another City. A City shall refer any proposed discretionary action regarding land use and development, including General Plan Amendments, zoning amendments, specific plans and discretionary development applications to the appropriate city when the proposed project or action meets any of the following criteria: a. The proposed project or action is located within a quarter mile of the adjacent city's boundary; or MAY 2 21989 11 - 4 b. The proposed project or action is located within an area where two or more City Spheres of Influence overlap; or c. The proposed project or action permits one of the following types of regional facilities or has any of the following regional project characteristics: Facilities: o New regional wastewater treatment plants or solid waste disposal sites; or o New airports, transportation centers or light rail transit facilities; or o New government centers, university or college campuses, regional recreation facilities, or criminal justice facilities; or o Modifications of floodplains which would cause an accelerated flow of floodwaters or otherwise potentially affect downstream properties located in adjacent jurisdictions; or o Modifications or relocations of regional circulation element roads and highways which would adversely affect their capacity or function; or Characteristics: o Projects having regional characteristics as defined in Section 15206(b)(2) of the California Environmental Quality Act Guidelines: o residential developments of more than 500 dwelling units; o shopping centers or business establishments employing more than 1,000 persons or encompassing more than 500,000 square feet of floor space; o commercial office buildings employing more than 1,000 persons or encompassing more than 250,000 square feet of floor space; o hotel/motel developments of more than 500 rooms; o industrial, manufacturing, processing plants, or industrial parks planned for more than 1,000 persons, occupying more than 40 acres of land, or encompassing more than 650,000 square feet of floor area. d. Exclusion Areas. Notwithstanding the above criteria, City referrals to another City shall not be required for specific geographic areas, projects or actions as may be exempted in writing by the City otherwise receiving the notice. Section 4. Review and Comment by Affected City or County. The referral shall be directed to the City's or County's Planning Department, unless otherwise designated. For any General Plan Amendment, Zone Reclassification, Specific Plan application or amendment, or for any project of regional significance as set forth by Sections 1(c), 2(b) or 3(c), the affected City or County shall have forty-five (45) days from the date the referral of the proposed project or action is mailed, or such longer time as may be specified by MAY 2 21989 12 - 5 - the referring agency, to review, comment and make recommendations in writing on the consistency of the proposed project or action with the affected City or County General Plan, specific plans, and Zoning Ordinance. For all other discretionary actions regarding land use and development, the affected city or County shall be provided notice of the local hearing(s) on said action, and shall have the same time to review and comment as set forth in the public notice requirements of the referring City or County. Section 5. Consideration of Comments. The Cities and the County shall coordinate on the review of certain discretionary actions regarding land use and development and shall provide adequate opportunity for comment. If the affected City or County provides comments and recommendations within the established time limits, the decision -making body shall consider said comments and recommendations prior to taking action. Upon request, the decision -making jurisdictions shall, prior to the public hearing, provide the commenting agency with the staff report or other appropriate document(s) which contain the consideration of comments received during the review period. Section 6. Failure to Receive or Consider Referral. The failure of any jurisdiction to provide a referral pursuant to this Agreement, or failure to consider the comments received on a referral, shall not constitute grounds for any court to invalidate the actions of the local agency. Section 7. Term of Agreement. This agreement shall be effective as to any individual party upon that party's approval. It is mutually understood and agreed that this Memorandum of Understanding may be terminated by any of the participating jurisdictions with regard to their individual participation upon ninety days of written notice to all other parties hereinafter signed. * IN WITNESS THEREOF, the parties have entered into this Agreement by the resolutions and on the dates set forth below: CITY OF CARLSBAD CITY OF CHULA VISTA Resolution Resolution Date Date CITY OF CORONADO Resolution Date APPROVED (fj IU iVLMI; LZG:iLITY COUNTY COL SLL CITY OF DEL MAR Resolution Date MAY 2 21989 13 - 6 CITY OF EL CAJON Resolution Date CITY OF ESCONDIDO Resolution Date CITY OF LA MESA Resolution Date CITY OF NATIONAL CITY Resolution 16,038 Date 7/25/89 CITY OF POWAY Resolution Date CITY OF SAN MARCOS Resolution Date CITY OF SOLANA BEACH Resolution Date COUNTY OF SAN DIEGO Resolution Date CRESTO;C/C/ATTACHBC;sv CITY OF ENCINITAS Resolution Date CITY OF IMPERIAL BEACH Resolution Date CITY OF LEMON GROVE Resolution Date CITY OF OCEANSIDE Resolution Date CITY OF SAN DIEGO Resolution Date CITY OF SANTEE Resolution Date CITY OF VISTA Resolution Date MAY 2 21989 1111 PLANNING DEPARTMENT SURVEY OF CITIES REGARDING MEMORANDUM OF UNDERSTANDING TO PROVIDE NOTIFICATION OF LAND USE AND DEVELOPMENT ACTIONS I. SUMMARY A. Cities indicating support of the memorandum of understanding: Carlsbad Imperial Beach Chula Vista Oceanside E1 Cajon Poway Escondido San Diego B. Cities uncertain: La Mesa II. C 4MEN S Solana Beach Coronado Staff of cities in favor of the memorandum of understanding (M.O.U.) cited benefits from coordination and increased information. Rapidly growing areas would benefit by anticipating impacts from development in adjacent jurisdictions. None of the staffs could yet verify adoption but would be proposing adoption of the M.O.U. in the next few weeks.