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HomeMy WebLinkAboutCC RESO 98-94RESOLUTION NO. 98 — 94 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY ADOPTING A TECHNICAL AMENDMENT TO THE NATIONAL CITY LOCAL COASTAL PROGRAM WHEREAS, the California Coastal Act (Division 20, Public Resources Code) requires the City of National City to prepare, adopt, and implement a Local Coastal Program for those parts of the City's corporate jurisdiction that are located within the delineated coastal zone; and WHEREAS, the City of National City has received certification of its Local Coastal Program from the California Coastal Commission; and WHEREAS, the certified National City Local Coastal Program consists of a Land Use Plan and an Implementation/Zoning Program; and WHEREAS, certain areas within the corporate jurisdiction of the City of National City are within the legal geographical boundary of the San Diego Unified Port District, pursuant to the California Coastal Act; and WHEREAS, the California Coastal Commission has acted in the City of Chula Vista's Local Coastal Program decision to delete a previously proposed crossing of the Sweetwater Channel by Tidelands Avenue into National City, which was reflected in the certified National City Local Coastal Program; and WHEREAS, the United States of America has acquired certain real property in Paradise Marsh within the City of National City since the certification of the Local Coastal Program; and WHEREAS, the Attorney General of the United States of America has rendered an opinion that lands owned by the United States are not subject to Local Coastal Program control, which opinion is incorporated in the federally -approved California Coastal Management Program of the California Coastal Commission; and WHEREAS, the City of National City endeavors to maintain its certified Local Coastal Program to be factually current and consistent with guiding decisions of the California Coastal Commission; and WHEREAS, the Community Development Commission of the City of National City has prepared an amendment to update relevant policies and maps of the certified Local Coastal Program Land Use Plan, which update is entitled "Land Use Plan Amendment, June 16, 1998"; and Resolution No. 98 - 94 July 28, 1998 Page 2 of 3 WHEREAS, notice of the availability of the Land Use Plan Amendment was mailed and published in a newspaper of general circulation, and copies were made available for public review, on June 16, 1998; and WHEREAS, duly noticed hearings have been held on the Land Use Plan Amendment by the Planning Commission on July 20, 1998 and by the City Council on July 28, 1998, and all interested persons were given an opportunity during the 42-day public review period of the Land Use Plan Amendment to appear and be heard before the Planning Commission and City Council; and WHEREAS, the Planning Commission and City Council did consider all testimony and other evidence at said hearings; and WHEREAS, the Community Development Commission of the City of National City has made technical corrections to text and maps contained in the Local Coastal Program Amendment to maximize their accuracy; and WHEREAS, the Local Coastal Program Amendment is fully consistent with and adequate to carry out the policies of the California Coastal Act and applicable regulations of the California Coastal Commission that govern preparation of Local Coastal Programs and Amendments thereto; and WHEREAS, the Local. Coastal Program Amendment is consistent with other provisions of the certified Land Use Plan; and WHEREAS, the City Council has considered the recommendation of the Planning Commission to approve the Local Coastal Program Amendment as technically corrected; and WHEREAS, the preparation of Local Coastal Program Amendments is statutorily exempt from the California Environmental Quality Act; and WHEREAS, the Local Coastal Program Amendment has been prepared and reviewed pursuant to the California Coastal Commission's Local Coastal Program regulations which have been deemed by the California Secretary for Resources to be the functional equivalent of the California Environmental Quality Act. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of National City as follows: Resolution No. 98 - 94 July 28, 1998 Page 3 of 3 1. The Local Coastal Program Amendment is consistent with the California Coastal Act and applicable regulations of the California Coastal Commission,- and is intended to be carried out in a manner fully consistent with them. 2. The Local Coastal Program Amendment, as submitted, is intended to take effect immediately upon certification action of the California Coastal Commission. 3. The Executive Director of the Community Development Commission is authorized to submit the Local Coastal Program Amendment, together with all required supporting documents, to the California Coastal Commission for its review, approval, and certification of said Amendment. PASSED and ADOPTED this 28th day of July, 1998. AI VEST: Michael R. Dall, City Clerk APPROVED AS TO FORM: George H. Eiser, III City Attorney By: Rudolf Hradecky, Esq. enior Assistant City Attorney George Waters, Mayor