HomeMy WebLinkAboutCC RESO 2013-133RESOLUTION NO. 2013 — 133
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY
CERTIFYING A NEGATIVE DECLARATION, AND AUTHORIZING THE CITY
COUNCIL OF THE CITY OF NATIONAL CITY TO FILE A NOTICE OF
DETERMINATION RELATED TO AMENDING SECTION 18.30.360 OF TITLE
18 (LAND USE CODE) OF THE NATIONAL CITY MUNICIPAL CODE RELATED
TO FAST FOOD RESTAURANT LOCATIONAL REQUIREMENTS.
APPLICANT: THE FOCUS GROUP
CASE FILE NO. 2013-12 IS
WHEREAS, application was made for an Initial Study, for which a Negative
Declaration related to amending Section 18.30.360 of Title 18 (Land Use Code) of the National
City Municipal Code related to fast food restaurant locational requirements, was prepared and
reviewed; and
WHEREAS, on August 20, 2013, the Planning Commission of the City of
National City considered the proposed Negative Declaration, (for which no comments were
received during the public review process) and recommended approval of the Negative
Declaration; and
WHEREAS, the City Council considered said Negative Declaration, for which no
comments were received during the public review process, at a duly advertised public hearing
held on September 3, 2013; and
WHEREAS, at said public hearing the City Council considered the staff report
provided for Case File No. 2013-12 IS, which is maintained by the City and incorporated herein
by reference, along with evidence and testimony at said hearing; and
WHEREAS, the City Council has considered the Planning Commission's report
and recommendation, and the presentation of staff regarding the proposed Negative
Declaration; and
WHEREAS, this action is taken pursuant to all applicable procedures required by
State law and City law; and
WHEREAS, the action hereby taken is found to be essential for the preservation
of the 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 Planning Commission at the
public hearing held on August 20, 2013, and to the City Council at the public hearing held on
September 3, 2013 support the following findings:
1. That the Negative Declaration (2013-12 IS) has been read and considered together with
any comments received during the public review process; and
2. That based on the whole record including the Initial Study, there is no substantial
evidence that the project will have a significant effect on the environment, and that the
Negative Declaration reflects the City's independent judgment and analysis.
BE IT FURTHER RESOLVED that the record of proceedings upon which this
decision is based is located at the City of National City Planning Department who is the
custodian of these documents.
Resolution NO. 2013 — 133
Page Two
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.
PASSED and ADOPTED this 3rd day of September, 2013.
ATTEST:
dli-
Michael R. Dalla, C/ty Clerk
ROOVED AS TO FORM:
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Cla
City Attorne
Silva
on Morrison, Mayor
Passed and adopted by the Council of the City of National City, California, on
September 3, 2013 by the following vote, to -wit:
Ayes: Councilmembers Cano, Morrison, Natividad, Rios, Sotelo-Solis.
Nays: None.
Absent: None.
Abstain: None.
AUTHENTICATED BY: RON MORRISON
Mayor of the City of National City, California
..djAiila.
City C rk of the City of ational City, California
By:
Deputy
I HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of
RESOLUTION NO. 2013-133 of the City of National City, California, passed and
adopted by the Council of said City on September 3, 2013.
City Clerk of the City of National City, California
By:
Deputy