HomeMy WebLinkAboutCC RESO 97-53RESOLUTION NO. 97-53
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY
ADOPTING MODIFICATIONS TO THE LOCAL COASTAL PROGRAM LAND USE PLAN
PURSUANT TO THE CALIFORNIA COASTAL ACT OF 1976, AS SUGGESTED BY THE
CALIFORNIA COASTAL COMMISSION
APPLICANT: CITY OF NATIONAL CITY
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 regarding grading
during the rainy season, 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.
WHEREAS, the City Council 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 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, approved the
proposed Negative Declaration, and authorized the filing of a Notice of Determination.
WHEREAS, the City Council found 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.
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Resolution No.
Page 2 of 3
WHEREAS, the City Council found 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.
WHEREAS, the City Council adopted a resolution amending the Local Coastal Program Land
Use Plan Marsh Preservation policy no. 7, which addresses grading during the rainy season, on
December 17, 1996, and authorized the Director of Planning to submit copies of this resolution and
necessary exhibits and information to the California Coastal Commission for approval and
certification.
Whereas, the California Coastal Commission held a duly advertised public hearing on said
amendment and other amendments to the Local Coastal Program on April 9, 1997, and all interested
persons were given the opportunity to be heard; and,
Whereas, the California Coastal Commission acted to certify the amendments to the Local
Coastal Program Implementation with modifications concerning policy and regulations on grading
during the rainy season, which are described in the letter from the Coastal Commission dated April
10, 1997; and.
Whereas, the City Council finds said suggested modifications consistent with and in
conformance with the Local Coastal Program amendments adopted by the City Council.
NOW, THEREFORE, BE IT RESOLVED that the City Council hereby adopts said modifications
to the Local Coastal Program, and in accordance with those modifications, hereby amends the Local
Coastal Program Land Use Plan 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, consistent with Section X (B)(4)(k) of the Implementation Plan, 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;
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Resolution No.
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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.
PASSED and ADOPTED this 6th day of May, 1997.
ATTEST:
APPROVED AS TO FORM:
4
GEORGE H WATERS, MAYOR
lit
GEO GE H. EISER, III -CITY ATTORNEY