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HomeMy WebLinkAboutCC RESO 96-177RESOLUTION NO. 96-177 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY ADOPTING AN AMENDMENT TO THE LOCAL COASTAL PROGRAM LAND USE PLAN APPLICANT: CALTRANS CASE FILE NO. LCP-1996-2 WHEREAS, pursuant to Division 20 Section 3000, et. seq., of the California Public Resources Code, the California Coastal Act, a Local Coastal Program for the City of National City was prepared and adopted, and WHEREAS, pursuant to Section 30503 of the Public Resources Code, the Planning Commission on November 18, 1996, and City Council on December 10, 1996, held duly advertised public hearings on an amendment to said Local Coastal Program Land Use Plan, and all persons interested were given opportunity to be heard; and WHEREAS, the Planning Commission at a duly advertised public hearing held on November 18, 1996, considered the proposed amendment to the Local Coastal Program Land Use Plan, along with all evidence and testimony presented at said hearing, and along with the proposed Negative Declaration together with any comments received; and, WHEREAS, the City Council considered the recommendation of the Planning Commission for approval of said amendment, along with evidence and testimony presented at the duly advertised public hearing held by the City Council on December 10, 1996. NOW, THEREFORE, BE IT RESOLVED that the City Council has considered the proposed Negative Declaration together with any comments received during the public review process and all evidence and testimony presented at the hearing and finds 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, approves the proposed Negative Declaration, and authorizes the filing of a Notice of Determination. BE IT FURTHER RESOLVED that the City Council finds that the amendment to the Local Coastal Program Land Use Plan is in the public interest and consistent with Coastal Act policies; since it calls for erosion control measures that will protect wetland and marine resources from potential impacts from grading during the rainy season. The amendment will also be consistent with and maintain other Local Coastal Program Land Use Plan policies which protect wetlands from development and require buffers around wetlands. In addition, the amendment supports the access component of the Local Coastal Program, since it will facilitate construction of the Bayshore Bikeway. CONTINUED ON PAGE 2 Resolution No. 9 6— 1 7 7 Page 2 of 3 BE IT FURTHER RESOLVED that the City Council finds that the amendment to the Local Coastal Program Implementation is consistent with and carries out the Local Coastal Program Land Use Plan, as amended, since it adds requirements called for by the amended Land Use Plan regarding the completion, maintenance and monitoring of erosion control measures for grading near wetland resources during the rainy season. All applicable development regulations currently applied by the Local Coastal Program Implementation, besides the modified constraint on grading during the rainy season, will remain in effect. BE IT FURTHER RESOLVED that the City Council hereby amends the Local Coastal Program Land Use Plan Marsh Preservation policy no. 7 to read as follows: 7. Specific erosion control measures shall be approved, incorporated into development, be in place at the initial phase of work, monitored and maintained in conjunction with all grading activities during the period of November 1 to April 1 of each year for all properties which drain directly to marsh and wetland areas. These properties shall include all properties located in the following areas: All properties between 35th Street and the southerly City limits; All properties in the area lying between 33rd Street, Hoover Avenue, 30th Street and the MTDB San Diego Trolley Line; All properties in the City's jurisdiction located westerly of Highway I-5 and south of 24th Street. BE IT FURTHER RESOLVED that the Local Coastal Program, as amended, is intended to be carried out in a manner fully in conformity with the California Coastal Act, Division 20 of the Public Resources Code. BE IT FURTHER RESOLVED that the amendment to the Local Coastal Program Land Use Plan is intended to take effect immediately upon certification by the California Coastal Commission. BE IT FURTHER RESOLVED that the Director of Planning is authorized to submit copies of this resolution and necessary exhibits and information to the California Coastal Commission for approval and certification. CONTINUED ON PAGE 3 Resolution No. 9 6 -17 7 Page 3 of 3 PASSED and ADOPTED this 17th day of December, 1996. ATTEST: /A MICHAEL R. D LLA, CITY CLERK 4i GEORGE . WATERS, MAYOR APPROVED AS TO FORM: GEORGE H. EISER, III -CITY ATTORNEY