HomeMy WebLinkAboutCC RESO 2007-163RESOLUTION NO. 2007 — 163
RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF NATIONAL CITY APPROVING
THE NEGATIVE DECLARATION FOR THE PROPOSED
2007 AMENDMENT TO THE REDEVELOPMENT PLAN
FOR THE NATIONAL CITY REDEVELOPMENT PROJECT
WHEREAS, the City Council of the City of National City ("City Council") and the
Community Development Commission of the City of National City ("CDC") did duly pass and
adopt a Redevelopment Plan for the National City Redevelopment Project ("Plan"); and
WHEREAS, the CDC has formulated an amendment to the Plan ("2007
Amendment") which would:
• Extend the existing time limit, not to exceed 12 years from the adoption of the
amendment of the Plan, for commencement of eminent domain proceedings to
acquire, as a last resort, vacant property (as defined in National City Municipal
Code Section 7.06.20), and all commercial and industrial zoned properties in
those areas that are currently subject to eminent domain authority within the
National City Redevelopment Project Area;
• Add a provision to allow the CDC, if it makes certain findings, to pay all or part of
the value of the land and the costs of the installation and construction of any
publicly -owned building, facility, structure or other improvement within or without
the Project Area pursuant to California Health and Safety Code Section 33445;
• Modify Section VII (c) of the Redevelopment Plan to allow used auto and truck
sales when part of a new vehicle dealership and located on land within the
Transportation Center District, as defined in the Plan;
• Change the current exclusion of eminent domain on single-family homes (Exhibit
D of the Redevelopment Plan) to include all residential land uses; and
WHEREAS, a Negative Declaration has been prepared in conformance with the
California Environmental Quality Act (California Public Resources Code Sections 21000, et.
seq.) on the proposed 2007 Amendment ("Negative Declaration") in the form attached hereto as
Attachment "A"; and
WHEREAS, a notice of the availability of the Negative Declaration for public
review and comment was published on June 8, 2007 in the San Diego Union -Tribune, a
newspaper of general circulation in the City of National City; and
WHEREAS, on June 19, 2007, the CDC and City Council held a joint public
hearing on the proposed 2007 Amendment and Negative Declaration, and received and
considered all evidence and testimony pertaining thereto; and
WHEREAS, it is mandatory that the City Council certify its consideration of and
approve the Negative Declaration prior to acting on an ordinance to adopt the 2007
Amendment.
Resolution No. 2007 — 163
July 10, 2007
Page 2
NOW, THEREFORE, BE IT RESOLVED that the City Council hereby finds and
determines that there is not substantial evidence that the proposed 2007 Amendment will have
a significant effect on the environment, and that the Negative Declaration reflects the
independent judgment and analysis of the City Council based upon the whole record of the
Negative Declaration, including the Initial Study contained therein, any comments received, and
evidence and testimony received at the Joint Public Hearing on the Negative Declaration.
BE IT FURTHER RESOLVED that the City Council has reviewed and considered
the information contained in the Negative Declaration prepared for the 2007 Amendment and
hereby approves the Negative Declaration.
BE IT FURTHER RESOLVED that the City Clerk is authorized to file, in
cooperation with the Secretary of the Community Development Commission, a Joint Notice of
Determination with the County Clerk of the County of San Diego following adoption by the City
Council of the ordinance adopting the 2007 Amendment.
PASSED and ADOPTED this 10th day of July
Morrison, Mayor
ATTEST:
Michael R. Dalla, ity Clerk
APPROVED AS TO FORM:
George H.'Eiser, HI
City Attorney
Community Development Commission of National City
1243 National City Boulevard
Attachment A National City, California 91950-3312
Telephone (619) 336-4250
Fax (619) 336 4286
CALIFORNIA ENVIRONMENTAL QUALITY ACT
Redevelopment Plan Amendment 2007 - Negative Declaration
A. INTRODUCTION
The Community Development Commission of the City of National City (the "CDC") prepared'a
Negative Declaration for the proposed 2007 Redevelopment Plan Amendment to extend the
authority to use eminent domain. The CDC proposes to extend the CDC's existing authority to
acquire property, as a last resort, through eminent domain to vacant property, (as defined in the
National City Municipal Code Section 7.06.20), and all commercial and industrial zoned
properties in. those areas which are currently subject to eminent domain authority within the
National City Redevelopment Project Area. The current exemption fbr single family residences
would be expanded so that all housing uses, whether single-family or multi -family, are
specifically excluded from the use of eminent domain.
The Commission currently has the authority to acquire property through eminent domain until
July .1 8, 2007 in the following areas:
■ Properties located immediately eastand adjacent to National City Boulevard, between Division
Street and the south City limits_
■ Properties located inuuediatcly west and adjacent to National City Boulevard, between Division
Street and State Route 54.
• Properties located immediately west and adjacent to Civic Center Drive, between Interstate 5 and
National City Boulevard.
■ Properties located irmediately south and adjacent to Civic Center Drive, between Interstate 5 and
National City Boulevard. •
• Properties located immediately north and south and adjacent to 8th Street, between interstate 5
and "D" Avenue.
• Properties west of Interstate 5, excepting the San Diego [Jnificd Port District property.
■ Specific properties located immediately southwest of the intersection of Plaza Boulevard and
Highland Avenue.
This amendment will extend the Commission's authority to acquire property through eminent
domain within these areas until 2019.
The 2007 Amendment also includes the addition and modification of redevelopment plan text as
it pertains to redevelopment actions and uses permitted in the project area. As proposed the
amendment would add a provision for the CDC to pay all or part of the value of the land and the
cost of the installation and construction of any publicly owned building, facility, structure, or
other improvement within or without the Project Area pursuant to health and Safety Code
Section 33445.
The 2007 Amendment would modify Section VII (c) of the Redevelopment Plan, thus allowing
for used auto -and -truck sales when part of a new vehicle dealership surd -located- on land- within
the Transportation Center district. The 2007 Amendment will also change the current exclusion
of eminent domain on single-family homes (Exhibit D) to include all residential land Uses, as
well as revising Exhibit C — "Public Facilities/Infrastructure Improvement Projects".
No other changes to the Redevelopment Plan for the National City Redevelopment Project are
included in this amendment.
Community Development Commission of National City — Negative Declaration Page 1
Extension of the Authority to lise t:minent Domain
The Negative Declaration for the 2007 Amendment evaluated the potential environmental
impacts that could occur with making the proposed amendments to the existing Redevelopment
Plan. The Negative Declaration was mailed for a 20-day public review period beginning June 7,
2007 and is scheduled to end on June 27, 2007. Comments on the 2007 Redevelopment Plan
Amendment Negative Declaration should be submitted during this public review period. The
Negative Declaration will be considered for approval July 3, 2007.
The commercial and industrial properties within the Project Area that are now subject to the use
of eminent domain are shown on the attached map. The change to the 2007 Redevelopment Plan
Amendment to extend the eminent domain time limit in the existing project area, revising
Exhibit D to exclude all residential land uses, revising the transportation center section and
revising Exhibit C — public facilities and infrastructure is now referred to as the 2007
Redevelopment Plan Amendment, which reflects the stated change.
B. CEQA PROVISIONS
As stated above, a Negative Declaration was prepared for the 2007 Redevelopment Plan
Amendment pursuant to Section 15070 of the California Environmental Quality Act Guidelines
(CEQA Guidelines). The revision to the 2007 Amendment is now reflected by the 2007
Amendment, which did not cause or generate any significant effects.
C. ENVIRONMENTAL DETERMINATION
The Negative Declaration did not identify any significant or adverse environmental impacts
associated with the extension of the eminent domain time limit in the existing project arca,
revising Exhibit D to exclude all residential land uses, revising the transportation centersection
and revising Exhibit C — public facilities and infrastructure. Pursuant to CEQA Guidelines
Section 15073.5(c)(2), the Negative Declaration is adequate in its analysis of the 2007
Redevelopment Plan Amendment.
Community Development Commission of National City -Negative 1)eclaration Page 2
Extension of the Authority to Ilse Eminent Domain
Passed and adopted by the Council of the City of National City, California, on July 10,
2007 by the following vote, to -wit:
Ayes: Councilmembers Morrison, Natividad, Ungab.
Nays: None.
Absent: Councilmember Zarate.
Abstain: Councilmember Parra.
AUTHENTICATED BY: RON MORRISON
Mayor of the City of National City, California
4)166
City (Clerk of the City National City, California
By:
Deputy
I HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of
RESOLUTION NO. 2007-163 of the City of National City, California, passed and
adopted by the Council of said City on July 10, 2007.
City Clerk of the City of National City, California
By:
Deputy