HomeMy WebLinkAboutCC RESO 2015-51RESOLUTION NO. 2015 — 51
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY
AFTER AN APPEAL FROM A PLANNING COMMISSION INTERPRETATION,
DISAFFIRMING THE PLANNING COMMISSION INTERPRETATION
THAT ADULT DAY CARE WAS NOT CONSISTENT WITH THE ALLOWED USES
IN THE DOWNTOWN SPECIFIC PLAN AREA, AND FINDING ADULT DAY CARE
CONSISTENT WITH VISITOR AND RESIDENTIAL SERVING USES IN
THE DOWNTOWN SPECIFIC PLAN DEVELOPMENT ZONE 1B
AT THE REQUEST OF A BUSINESS OWNER LOCATED
AT 540 NATIONAL CITY BOULEVARD
WHEREAS, the Planning Commission of the City of National City considered a
request for an interpretation of allowed uses for a business located at 540 National City
Boulevard, at a duly advertised public hearing held on March 16, 2015, at which time oral and
documentary evidence was presented; and
WHEREAS, the Planning Commission was requested to make an interpretation
that adult day care was an allowed use in the Downtown Specific Plan Zone 1 B because it was
consistent with residential and visitor serving commercial uses; and
WHEREAS, the Planning Commission determined an adult day care was not
consistent with residential and visitor serving commercial uses and was not consistent with the
Downtown Specific Plan; and
WHEREAS, a timely appeal was filed by the business owner who had requested
the interpretation; and
WHEREAS, the City Council considered the appeal from the Planning
Commission interpretation of allowed uses for a business located at 540 National City
Boulevard, at a duly advertised public hearing held on April 7, 2015, 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 No. 2015-04, maintained by the City and incorporated herein by
reference along with evidence and testimony at said hearing; and
WHEREAS, the City Council had the option to affirm, disaffirm or modify the
Planning Commission interpretation; and
VVH EREAS, the City Council disaffirmed the interpretation by the Planning
Cof r ii r iission (that the proposed use was inconsistent with the intent of residentiai and visitor
serving commercial uses and is not consistent with the Downtown Specific Plan); and
WHEREAS, the City Council found that the proposed use was consistent with the
intent of residential and visitor serving commercial uses, and is consistent with the Downtown
Specific Plan.
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 April 7, 2015, support the following findings:
Resolution No. 2015 — 51
Page Two
1. That an adult day care facility is consistent with the intent of residential and visitor
serving commercial uses, because the use is in need among the growing downtown population,
and both the population and the number of housing units in the fnwntown Specific Plan area is
expected to increase in the future which increases the need for adult day care facilities.
2. That an adult day care facility is consistent with the Downtown Specific Plan
because residential and visitor serving commercial uses are allowable use in Development Zone
1 B of the Downtown Specific Plan, and an adult day care use is similar to other permitted or
encouraged uses defined in the Plan.
BE IT FURTHER RESOLVED that this Resolution shall become effective, final,
and conclusive on the day following the City Council meeting where this Resolution is adopted.
The time within which judicial review of this decision may be sought is governed by the
provisions of Code of Civil Procedures Section 1094.6.
PASSED and ADOPTED this 21st day of April, 2015.
on Morrison, Mayor
ATTEST:
17,jaA)
Michael R. Dalla, ty Clerk
APPROVED AS TO FORM:
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did Gaci up Sil a
gliCity Attorney
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Passed and adopted by the Council of the City of National City, California, on April 21,
2015 by the following vote, to -wit:
Ayes Councilmembers Cano, Mendivil, Morrison, Rios, Sotelo- Solis.
Nays: None.
Absent: None.
Abstain: None.
AUTHENTICATED BY: RCN MORRISON
Mayor of the City of National City, California
City CI 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. 2015-51 of the City of National City, California, passed and adopted
by the Council of said City on April 21, 2015.
City Clerk of the City of National City, California
By:
Deputy