HomeMy WebLinkAboutORD 2021-2492 - Carmax - ZCA Zone Change form MXD-2 to CS and OSORDINANCE NO. 2021 - 2492 id
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY,
CALIFORNIA, APPROVING A ZONE CHANGE FROM MAJOR MIXED -USE DISTRICT
(MXD-2) TO SERVICE COMMERCIAL (CS) AND OPEN SPACE (OS), AND AMENDMENT
TO CHAPTER 18.22.020 OF THE MUNICIPAL CODE TO ALLOW FOR USED AUTO SALES
IN THE CS ZONE FOR CONSTRUCTION OF A CARMAX DEALERSHIP ON PROPERTY
LOCATED ON THE NORTH SIDE OF PLAZA BONITA ROAD, WEST OF SWEETWATER
ROAD, AND EAST OF INTERSTATE 805. APPLICANT: CARMAX CASE FILE NO.2016-30
ZC,
WHEREAS, pursuant to the terms and provisions of the Government Code of the State
of California, proceedings were duly initiated for the rezoning of the parcel of real property
(APN 564-471-Il), hereinafter described, and for the amendment of the Zoning Map of the
City of National City; and
WHEREAS, pursuant to the terms and provisions of the Government Code of the State
of California, proceedings were duly initiated for the amendment of the National City Municipal
Code; and
WHEREAS, pursuant to legal notice, hearings were held by the Planning Commission
of National City and also by the City Council of National City, and all persons interested were
given the opportunity to appear and be heard before said Planning Commission and City
Council; and
WHEREAS, the Planning Commission of National City has regularly and duly certified
to the City Council its report and has recommended such rezoning and code amendment; and
WHEREAS, the City Council found that on the basis of the Environmental Impact
Report and any comments received that there is no substantial evidence that the project will
have a significant effect on the environment and adopted a proposed Finding of No Significant
Impact which addresses the rezoning; and
WHEREAS, the City Council finds the rezoning and code amendment consistent with
and necessary to implement the General Plan.
Ordinance No. 2021 - 2492
Amendina Chapter 18.22.020 November 16, 2021
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF NATIONAL CITY,
CALIFORNIA, DOES RESOLVE, DECLARE, DETERMINE, AND ORDER AS FOLLOWS:
Section 1. All protests, if any, against said rezoning and said amendment to the
General Plan, and each of them be and hereby are denied and overruled.
Section 2. That all the real property described below is hereby rezoned from Major
Mixed -Use District (MXC-2) to Medium -Density Multi -Unit Residential (RM-1):
LOT 14 OF SUBDIVISION MAP NO. 10337, PLAZA BONITA SHOPPING
CENTER, IN THE CITY OF NATIONAL CITY, COUNTY OF SAN DIEGO,
STATE OF CALIFORNIA, RECORDED IN THE OFFICE OF THE COUNTY
RECORDER OF SAN DIEGO COUNTY ON FEBRUARY 24, 1982 AS
INSTRUMENT NO. 82-050075, OF OFFICIAL RECORDS. APN: 564-471-11-00;
and
a
Section 3. That a Notice of Determination shall be filed indicating that the rezoning will
not have a significant effect on the environment.
Section 4. That Subsection 18.22.020 of the National City Municipal Code is
amended to read as follows:
18.22.020 Allowed land uses and permit requirements.
Table 18.22.020 identifies the uses of land allowed in each commercial zone. This
table does not apply to the CL zone. For a list of allowable uses in the CL zone, please refer
to Appendix A of the Westside Specific Plan.
•
Land Use
IUsed auto and truck sales
P Permitted
C Conditional use permit
M Minor use permit
— Not permitted
Table 18.22.020
Allowed Land Uses
Commercial Zones
Zone
CA
CS
C
Specific Use
Regulations
Amnriinn Chanter 18.22.020
Ordinance No. 2021 - 2492
November 16, 2021
Section 5. Severability. If any section, sentence, clause or phrase of this
Ordinance is for any reason held to be invalid or unconstitutional by a decision of any
court of competent jurisdiction, such decision shall not affect the validity of the remaining
portions of this Ordinance. The City Council hereby declares that it would have passed
this Ordinance and adopted this Ordinance and each section, sentence, clause or
phrase thereof, irrespective of the fact that any one or more section, subsections,
sentences, clauses, or phrases be declared invalid or unconstitutional.
Section 6. This Ordinance shall take effect and be in force thirty (30) days from
the date of its passage, and before the expiration of fifteen (15) days after its passage, it
or a summary of it, shall be published once, with the names of the members of the City
Council voting for and against the same in the Star News, a newspaper of general
circulation published in the County of San Diego, California.
PASSED and ADOPTED this 16th day of November, 2021.
ATTEST:
6
Luz Maim!, City Clerk
APPROVED AS TO FORM:
(4
c
Charles E. Bell Jrorney
Alejandra Sotelo-Solis, Mayor
Amending Chanter 18.22.020
Ordinance No. 2021 - 2492
November 16, 2021
Passed and adopted by the Council of the City of National City, California, on
November 16, 2021 by the following vote, to -wit:
Ayes: Sotelo-Solis, Rodriguez, Morrison, Rios.
Nays: None.
Absent: Bush
Abstain: None.
AUTHENTICATED BY: Alexandra S�telo-Solis
Mayor of the City of National City, California
Luz Molina
City Clerk of the City of National City, California
By:
1 HEREBY CERTIFY that the foregoing Ordinance was not finally adopted until seven
calendar days had elapsed between the day of its introduction and the day of its final
passage, to wit, on November 2, 2021 and on November 16, 2021.
1 FURTHER CERTIFY THAT said Ordinance was read in full prior to its final passage or
that the reading of said Ordinance in full was dispensed with by a vote of not less than
a majority of the members elected to the Council and that there was available for the
consideration of each member of the Council and the public prior to the day of its
passage a written or printed copy of said Ordinance.
I FURTHER CERTIFY that the above and foregoing is a full, true and correct copy of
ORDINANCE NO. 2021-2492 of the City Council of the City of National City, passed
and adopted by the Council of said City on November 16, 2021.
By:
City Clerk of the C':i National ity, California
Deputy CiClerk