HomeMy WebLinkAboutCC RESO 99- 168RESOLUTION NO. 99-168
RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF NATIONAL CITY DENYING THE COASTAL DEVELOPMENT
PERMIT AND CONDITIONAL USE PERMIT FOR 1'HE CONTINUED USE OF
AN AUTOMOBILE AND TRUCK IMPORT/EXPORT STORAGE YARD AND NEW
PAVING TO ACCOMMODATE EXPANSION OF THE FACILITY LOCATED IN THE
HARBOR DISTRICT SPECIFIC PLAN AREA AT THE NORTHWEST CORNER
OF 32ND STREET AND TILE PROPOSED HARRISON AVENUE EXTENSION
APPLICANT: PORT OF SAN DIEGO
CASE FILE NOS. CDP-1999-2 AND CUP-1999-3
WHEREAS, Coastal Development Permit application CDP-1999-2 and Conditional Use
Permit application CUP-1999-3 were considered by the City Council of the City of National City at a
public hearing held on September 28, 1999, at which time oral and documentary evidence was presented;
and
WHEREAS, at said public hearing the City Council considered the staff report contained
in Case File Nos. CDP-1999-2 and CUP-1999-3, which are maintained by the City, and incorporated
herein by reference; and
WHEREAS, this action is taken pursuant to all applicable procedures required by State
and City law; and
WHEREAS, the action recited herein is found to be essential for the preservation of
public health, safety and general welfare.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of National
City that the testimony and evidence presented to the City Council at the public hearing held on
September 28, 1999, fail to support findings, required by the National City Local Coastal Program for
granting the Coastal Development Permit, that the proposed use is in conformity with and implements the
Certified Local Coastal Program, the Harbor District Specific Area Plan, and Coastal Act Sections 30210-
30214, 30220-30224, and 30252; and they also fail to support findings, required by the National City
Local Coastal Program for granting the Coastal Development Permit, that the granting of the Coastal
Development Permit is consistent with all other plans and ordinances of the City.
BE IT FURTHER RESOLVED by the City Council of the City of National City that the
testimony and evidence presented to the City Council at the public hearing held on September 28, 1999,
fail to support findings, required by the National City Municipal Code for granting any Conditional Use
Permit, that the proposed use will not have an adverse effect on adjacent or abutting properties, and that
the proposed use is deemed essential and desirable to the public convenience or welfare.
BE IT FURTHER RESOLVED by the City Council of the City of National City that the
testimony and evidence presented to City Council at the public hearing held on September 28, 1999,
support the following findings:
1. That granting of the Coastal Development Permit is not in conformity with the Certified Local
Coastal Program, the Harbor District Specific Area Plan, and Coastal Act §§30210-30214,
30220-30224, and 30252 because further development of this type will result in the National City
Marina Project being delayed or not developed.
Resolution No. 99-
Page Two
That granting of the Coastal Development Permit is not consistent with all other plans and
ordinances of the City because areas within the west side of National City are over -developed
with storage of cars, having little economic benefit to the City and precluding other development
which is of greater economic benefit.
3. That the proposed use will have an adverse effect upon adjacent or abutting properties, since
further development of this type will eventually result in the National City Marina Project being
delayed or not developed.
4. That the proposed use is not deemed essential and desirable to the public convenience and
welfare, since areas within the west side of National City are over -developed with storage of cars,
having little economic benefit, and precluding other development which is of greater economic
benefit.
BE IT FURTHER RESOLVED that the City Council hereby denies Coastal
Development Permit Application No. CDP-1999-2 and Conditional Use Permit application No. CUP-
1999-3 without prejudice.
BE IT FURTHER RESOLVED that this resolution shall become effective and final on
the day following the City Council meeting where the resolution is adopted. The provisions of Code of
Civil Procedure Section 1094.6 govern the time within which judicial review of this decision may be
sought.
PASSED and ADOPTED this 5th day of October, 1999.
eorge H. Wafers, Mayor
AT1JST:
Michael R. Dalla, ity Clerk
APPROVED AS TO FORM:
George H. Eiser, III
City A
By:
Rudolf Hradec
Senior Assistant City Attorney