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HomeMy WebLinkAboutCC RESO 98-95RESOLUTION NO. 98 - 95 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY ADOPTING A HARBOR DISTRICT SPECIFIC AREA PLAN WHEREAS, the California Coastal Act (Division 20, Public Resources Code) requires the City of National City to prepare, adopt, andimplement 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 generally from the Coastal Commission, but effective certification of a certain area around Paradise Marsh within the City's jurisdiction pursuant to the California Coastal Act was deferred; and WHEREAS, the City Council of the City of National City has adopted 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 on July 28, 1998 authorized the submittal of said Amendment to the California Coastal Commission for review, approval, and effective certification; and WHEREAS, the certified National City Local Coastal Program contains a Land Use Plan that requires City preparation, adoption, and submittal to the California Coastal Commission for its review, approval, and effective certification of a Specific Area Plan for said area around Paradise Marsh and to facilitate habitat -consistent land uses, habitat restoration and buffers, public access, recreation, and circulation; and WHEREAS, a duly noticed City Council public workshop on implementation planning, programmatic objectives, and projects for and in the Harbor District was held on December 8, 1997; and WHEREAS, a duly noticed City Council and Planning Commission workshop on implementation planning was held on March 18, 1998; and WHEREAS, the Community Development Commission of the City of National City conferred extensively with other public agencies, real properties, environmental organizations, community organizations, and other public stakeholders in the preparation of the Harbor District Specific Area Plan, including through on -site field trips, meetings, and the preparation and review of administrative draft planning documents; and WHEREAS, the Community Development Commission of the City of National City has prepared a "Harbor District Specific Area Plan", dated June 16, 1998, to implement the policy requirements and directives of the certified Local Coastal Land Use Plan for the area around Paradise Marsh ("the Harbor District"); and Resolution No. 98 — 95 July 28, 1998 Page 2 of 4 WHEREAS, the Harbor District Specific Area Plan contains a detailed and implementable public access component in Chapter 2; and WHEREAS, the Harbor District Specific Area Plan contains detailed and implementable provisions that address, provide for, and regulate, as appropriate and consistent with the certified Local Coastal Program Land Use Plan and California Coastal Act, uses of greater than local significance within the Harbor District, or that are or may be affected by said Plan; and WHEREAS, notice of the availability of the Harbor District Specific Area Plan 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 on the Public Review Draft of the Harbor District Specific Area Plan, including clarifying corrections and revisions in response to comments, have been held 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 said Plan 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 Planning Commission on July 20, 1998 after the close of its public hearing and after deliberation recommended approval of the Harbor District Specific Area Plan, as clarified and revised, to the City Council; and WHEREAS, based on comments received on and technical review of the June 16, 1998 Public Review Draft Harbor District Specific Area Plan, the Community Development Commission of the City of National City has made corrections and revisions to findings, policies, and maps contained in the Harbor District Specific Area Plan in order to maximize Specific Area Plan accuracy and provide substantive responses to public and agency comments which are contained in the addendum dated July 21, 1997; and WHEREAS, the Community Development Commission of the City of National has prepared a specific Consistency Analysis of the Harbor District Specific Area Plan in relation to applicable policies of the certified Local Coastal Program Land Use Plan and the California Coastal Act; and WHEREAS, said Consistency Analysis finds that the Public Review Draft of the Harbor District Specific Area Plan, as further clarified and revised in the July 21, 1998 Resolution No. 98 — 95 July 28, 1998 Page 3 of 4 addendum, is fully consistent with and adequate to carry out, the policies of the certified Land Use Plan, the California Coastal Act, and applicable regulations of the California Coastal Commission that govern preparation of Local Coastal Programs Amendments thereto; and WHEREAS, the Community Development Commission of the City of National City has prepared written responses to written and oral comments that were received on the Harbor District Specific Area Plan, including during the workshops; and WHEREAS, the City Council has considered the recommendation of the Planning Commission to approve the Harbor District Specific Area Plan, as corrected and revised; and WHEREAS, the preparation of and City Council action on the Harbor District Specific Area Plan constitute a Local Coastal Program Implementation Amendment that is statutorily exempt from the California Environmental Quality Act; and WHEREAS, the Harbor District Specific Area Plan 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: 1. The Harbor District Specific Area Plan Local Coastal Program rogrmImp1eme oa tion the Amendment is consistent with, and adequate to carry out, all applicablePr ovisionscertified National City Local Coastal Program Land Use Plan, the California Coastal Act, and regulations of the California Coastal Commission. 2. The National City Local Coastal Program, as amended by the Harbor District Specific Area Plan, is intended to be carried out in a manner fully consistent with the California Coastal Act. 3. The Harbor District Specific Area Plan Local Coastal Program Implementation Amendment, as submitted, is intended to take effect immediately upon certification action of the California Coastal Commission. 4. The Executive Director of the Community Development Commission is authorized to submit the Harbor District Specific Area Plan Local Coastal Program Implementation Amendment, together with all required supporting documents, to the California Coastal Commission for its review, approval, and certification of said Amendment. Resolution 98 — 95 July 28,1998 Page 4 of 4 5. The hearing and action by the California Coastal Commission on the Harbor District Specific Area Plan Local Coastal Program Implementation Amendment is requested to occur within the County of San Diego during said Commission's meeting in Oceanside on October 13 —16, 1998. PASSED and ADOPTED this 28th day of July, 1998. ATTEST: w Mi hael R. DI, City Clerk APPROVED AS TO FORM: George H. Eiser, III City Attorney udolf Hradecky, Esq. nior Assistant City Attorney By: George H. aters, Mayor