HomeMy WebLinkAboutCC RESO 2009-240RESOLUTION NO. 2009 — 240
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY
APPROVING AN AMENDMENT TO THE NATIONAL CITY DOWNTOWN SPECIFIC
PLAN TO ALLOW EXTENDED -STAY HOTEL USES WITHIN THE DEVELOPMENT
ZONE 5B WHERE MIXED -USE MULTI -FAMILY RESIDENTIAL USES ARE CURRENTLY
PERMITTED, APPROVING AN ADDENDUM TO THE CERTIFIED PROGRAM
ENVIRONMENTAL IMPACT REPORT, FOR THE DOWNTOWN SPECIFIC PLAN,
AND AUTHORIZING THE FILING OF A NOTICE OF DETERMINATION
APPLICANT: CONSTELLATION PROPERTY GROUP
CASE FILE NO. 2008-53 SP, IS, APN 556-554-16
WHEREAS on February 2, 2009, the City Council of the City of National City
initiated proceedings for the amendment of the National City Downtown Specific Plan in
accordance with procedures of the Land Use Code; and
WHEREAS, the Planning Commission of the City of National City considered a
Specific Plan Amendment application to amend the Downtown Specific Plan to allow for hotel
uses on all parcels within Subarea 5B, at a duly advertised public hearing held on September
21, 2009, at which time oral and documentary evidence was presented; and
WHEREAS, the Downtown Specific Plan allows mixed -use multi -family
residential uses in Development Zone 5B, however, the underlying zone for one particular
parcel prohibits hotel uses which is the change sought through this amendment; and
WHEREAS, at said public hearing the Planning Commission recommended
approval of the Amendment to the Downtown Specific Plan, the Addendum to the certified
Program Environmental Impact Report, and that a Notice of Determination be filed with the
County Recorder, and
WHEREAS, the City Council of the City National City considered said application
and recommendation by the Planning Commission at a duly advertised public hearing held on
October 6, 2009, at which time oral and documentary evidence was presented; and
WHEREAS, at said pubic hearing the City Council considered the staff report
prepared for Case File No. 2008-53 SP, IS, which is maintained by the City, and incorporated
herein by reference, along with evidence and testimony at said hearing, and
WHEREAS, in accordance with Section 18.112.090 of the Land Use Code, the
City Council, upon recommendation by the Planning Commission, may approve specific plan
amendments whenever public necessity, general welfare, convenience, or sound planning
principles; and
WHEREAS, the City Council considered the effects of the amendment and
determined, based on the Addendum to the certified EIR prepared to analyze potential impacts
and to determine whether the change in land use to allow extended -stay hotel uses within the
entire Development Zone 5B, and more specifically for a parcel known as Assessors Parcel
Number 556-554-16 within Development Zone 5B, would not impact the community; and
WHEREAS, the City Council has determined to approve the Amendment to the
Downtown Specific Plan, the Addendum to the EIR, and the filing of a Notice of Determination,
and that the Specific Plan shall be amended to read as follows:
Resolution No. 2009 — 240
October 6, 2009
Page 2
5A and 5B Restricted or Prohibited Land Uses:
As per underlying Zoning Regulations. Except that within
Subarea 5B Permitted Land Uses include Land Use Group
21 Hotel, Motel and Related Services.
WHEREAS, this action is taken pursuant to all applicable procedures required by
State law 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(s) held on October 6, 2009, support the following findings:
FINDINGS FOR APPROVAL OF
AN AMENDMENT TO THE DOWNTOWN SPECIFIC PLAN
1. That the proposed specific plan amendment is consistent with the General Plan and
Specific Plan, which encourage the revitalization of downtown and encourages
pedestrian activity and stability of the commercial uses in the downtown.
2. That the proposed amendment is in the public interest since it would allow a hotel use
that will encourage pedestrian activity and increase commercial tourism within the
downtown.
3. That the proposed amendment provides consistency of use types within Development
Zone 5B, since there are a variety of underlying land use zones that permit hotel uses,
and whereas one parcel is located within the underlying zone of Civic Institutional that
does not permit hotel uses, and by changing the use to allow hotel uses throughout
development zone 5B would provide for consistent land use patterns.
4. That the proposed amendment would restore the viability of the development within the
sub -area and continue to reinforce the pedestrian -oriented development towards Kimball
Park.
FINDINGS FOR APPROVAL OF
AN ADDENDUM TO THE PROGRAM EIR
1. That the Program EIR Addendum (2008-53 IS) has been read and considered together
with the Program EIR and any comments received during the public review process.
2. That based on the whole record, including the Initial Study, there is no substantial
evidence that the amendment will have a significant effect on the environment, and that
the Program EIR Addendum reflects the City's independent judgment and analysis.
Resolution No. 2009 — 240
October 6, 2009
Page 3
3. That pursuant to CEQA Section 15164, no Subsequent or Supplemental EIR is needed
for the project due to the proposed amendment since there would be no substantial
increase in the severity of previously identified impacts.
4. That there is no new information showing that the project will have significant effects not
discussed in the previous EIR, that significant effects previously examined will be
substantially more severe than shown in the previous EIR, that there are mitigation
measures or alternatives previously found to be infeasible that are in fact feasible, or that
different mitigation measures than those previously identified would substantially reduce
significant impacts.
5. That the Initial Study demonstrates that there is no potential for new significant impacts
or for a substantial increase in the severity of impacts identified in the Program EIR, and
since the character and circumstances of the project would be unchanged, the
discussions on land use/planning, geology/soils, traffic/circulation, aesthetics, noise, air
quality, hazards/hazardous materials, population/housing, cultural resources, water
services, police protection, fire protection, school facilities, sewage services, and
recreation in the Program EIR are still relevant and need not be reexamined.
BE IT FURTHER RESOLVED that based on the findings hereinabove stated,
together with any comments received during the public review process, the City Council finds on
the basis of the whole record that there is no substantial evidence that the project will have a
significant effect on the environment, and that the Addendum to the National City Downtown
Specific Plan Program Environmental Impact Report reflects the City's independent judgment
and analysis, and hereby approves the Addendum to the National City Downtown Specific Plan
Program Environmental Impact Report, and directs that the Notice of Determination be filed.
BE IT FURTHER RESOLVED that copies of this Resolution be transmitted
forthwith to the applicant.
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 time
within which judicial review of this decision may be sought is governed by the provisions of
Code of Civil Procedure Section 1094.6.
ATTEST:
PASSED and ADOPTED this 6th day of October, 2009.
Ron Morrison, Mayor
APPROVED AS TO FORM:
ael R. Dalla/ Af_: r d
Mi , City Clerk George H. Eiser, Ill
City Attorney
Passed and adopted by the Council of the City of National City, California, on October
6, 2009 by the following vote, to -wit:
Ayes: Councilmembers Morrison, Parra, Sotelo-Solis, Van Deventer, Zarate.
Nays: None.
Absent: None.
Abstain: None.
AUTHENTICATED BY:
RON MORRISON
Mayor of the City of National City, California
City of national City, California
Jerk of the City
By:
Deputy
I HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of
RESOLUTION NO. 2009-240 of the City of National City, California, passed and
adopted by the Council of said City on October 6, 2009.
City Clerk of the City of National City, California
By:
Deputy