HomeMy WebLinkAboutStaff ReportCITY OF NATIONAL CITY, CALIFORNIA
COUNCIL AGENDA STATEMENT
MEETING DATE: January 24, 2012
AGENDA ITEM NO.
ITEM TITLE:
Refer to Attachment 1, Item Title.
PREPARED BY: Raymond Pe, Principal Planner
PHONE: '336-44211
EXPLANATION:
Refer to Attachment 2, Background Report.
DEPARTMENT: C
APPROVED BY:
Services
FINANCIAL STATEMENT:
ACCOUNT NO. Not Applicable
ENVIRONMENTAL REVIEW:
Not Applicable,
ORDINANCE: INTRODUCTION:
FINAL ADOPTION:
APPROVED:
APPROVED:
Finance
MIS
STAFF RECOMMENDATION:
Hold the public hearing.
BOARD / COMMISSION RECOMMENDATION:
On January 9, 2012, the Planning Commission adopted Resolution 2-2012 recommending that the City
Council adopt the General Plan Update including the General Plan Land Use Map, adopt the Land Use
Code (Zoning) Amendment including the Official Zoning Map, adopt the Downtown Specific Plan
Amendment including the Downtown Specific Plan Map, adopt the Climate Action Plan, and approve, in
concept only, Five Development Proposals as components of the Comprehensive Land Use Update.
ATTACHMENTS:
1) Item Title
2) Background Report
3) Other attachments are included on the attached CD and listed in the Background Report.
Attachment 1
ITEM TITLE
Public hearing to consider rescinding City Council's Resolution 2011-119, which adopted
components of the National City Comprehensive Land Use Update, which included (1) an
update of the General Plan and land use map, (2) an amendment of the Downtown Specific
Plan and specific plan map, (3) a Climate Action Plan, (4) Five Development Proposals in
concept only (Street Conversions/Community Corridors, Senior Village Expansion, Las Palmas
Park and Facilities Vision Concept Plan, Kimball Park Master Plan, and El Toyon Park Master
Plan), and (5) Water Supply Assessment. Public Hearing to consider repealing City Council
Ordinance No. 2011-2362, which adopted the Land Use Code (Municipal Code Title 18 Zoning)
Amendment as part of the City Comprehensive Land Use Update. Public Hearing to consider
Planning Commission's recommendations contained in Resolution 2-2012 which recommended
City Council: certify the Final Environmental Impact Report, adopt a Statement of Overriding
Considerations, adopt a Mitigation Monitoring and Reporting Program, adopt a General Plan
Update including a General Plan Land Use Map Amendment, adopt a Land Use Code (Zoning)
Amendment and Official Zoning Map Amendment, adopt a Downtown Specific Plan
Amendment and Specific Plan Map Amendment, adopt a Climate Action Plan, and approve in
concept only five development proposals, including Street Conversions/Community Corridors,
Senior Village Expansion, Las Palmas Park and Facilities Vision Concept Plan, Kimball Park
Master Plan, and El Toyon Park Master Plan. These recommendations were based, in part, on
findings and a statement of overriding considerations set forth in Planning Commission's
resolution. Proposed Change of Zone Boundaries or Classifications. The Land Use Code
(Zoning) Amendment is a zoning regulation within the context of and adopted pursuant to the
Land Use Code (Title 18 Zoning) of the National City Municipal Code. The Land Use Code and
the associated Zoning Map implement the land use designations of the General Plan Land Use
Map. Public Hearing to consider adopting a General Plan Update including a General Plan
Land Use Map Amendment, adopting A Land Use Code (Zoning) Amendment including the
Official Zoning Map, adopt A Downtown Specific Plan Amendment and Specific Plan Map
Amendment, adopt a Climate Action Plan, approve, in concept only, five development
proposals, including Street Conversions/Community Corridors, Senior Village Expansion, Las
Palmas Park and Facilities Vision Concept Plan, Kimball Park Master Plan, and El Toyon Park
Master Plan, and approve the Water Supply Assessment. These recommendations are based,
in part, on findings and a statement of overriding considerations set forth in City Council's
resolution and ordinance.
Attachment 2
BACKGROUND REPORT
Introduction
On May 16, 2011, the Planning Commission adopted Resolution 14-2011, which recommended
that the City Council certify the Final Environmental Impact Report, adopt a Statement of
Overriding Considerations, adopt a Mitigation Monitoring and Reporting Program, and adopt the
Comprehensive Land Use Update, which included a General Plan update, a Land Use Code
amendment, a Downtown Specific Plan amendment, a Climate Action Plan, and five conceptual
development proposals. The City Council subsequently certified the EIR, adopted a Statement
of Overriding Considerations, adopted a Mitigation Monitoring and Reporting Program, and
adopted the General Plan Update, Downtown Specific Plan Amendment, Climate Action Plan,
and five conceptual development proposals on June 7, 2011, and adopted an ordinance
adopting the Land Use Code Amendment on June 21, 2011.
Prior to Planning Commission's May 16, 2011 public meeting, the City posted an agenda
announcing the Planning Commission's consideration of the Comprehensive Land Use Update,
and provided a non -mandatory copy of the agenda on the City's website. The City also posted
a Notice of Public Hearing for the Planning Commission's May 16, 2011 meeting, which
contained a more detailed listing of the components of the Comprehensive Land Use Update, in
four public locations in the City Hall complex, including the same two notice boards in the City
Hall complex where the Planning Commission's agenda was posted. This Notice was also
published in a newspaper of general circulation in the City ten days prior to the Planning
Commission hearing.
On July 28, 2011, Community Youth Athletic Center and Victor Nunez filed a complaint seeking
to invalidate all actions based upon Resolution 14-2011. The complaint alleged that the agenda
for the May 16, 2011 Planning Commission agenda violated the Ralph M. Brown Act because it
did not separately list all of the individual elements of Comprehensive Land Use Update
considered by the Planning Commission. Based on the complaint and a subsequent motion by
the plaintiffs, the Superior Court granted a limited preliminary injunction on November 10, 2011.
The limited injunction restricts the City only from using the amendments to the General Plan,
Land Use Code, and Downtown Specific Plan as a basis for making findings of physical blight
within the Redevelopment Project Area. However, the Court's ruling gives a preliminary
indication that the Court believes that a violation of the Brown Act may have occurred.
There are substantial questions as to whether the plaintiffs would prevail at trial on their Brown
Act claim. However, In the interest of caution and to minimize further expenditure of City funds
in litigation and to provide additional opportunities for public participation, the City has elected to
re -notice, re-agendize, and hold hearings related to the various components of the
Comprehensive Land Use Update. On January 9, 2012, the Planning Commission rescinded
its prior Resolution 14-2011 and adopted a new Resolution 2-2012 at the hearing. The City
Council may readopt any and all components of the Comprehensive Land Use Update without
change, adopt revisions to the Comprehensive Land Use Update components, or reject the
Comprehensive Land Use Update or portions of it.
With the exception of the Land Use Code, the contents of the proposed Comprehensive Land
Use Update are unchanged from the documents reviewed and adopted by the City Council on
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June 7 and June 21, 2011. The proposed Land Use Code contains several minor revisions to
correct and clarify various provisions in the document that were not included in the previous
recommendation. These proposed revisions are included in a final version of the LUC (Exhibit
B-1) as well as in a strikethrough and underline version (Exhibit B-2) with comments and
reasons for the proposed changes. The changes to the LUC are not substantive and would not
result in a substantial increase in severity of an environmental impact identified in the EIR.
The proposed resolution would rescind the previous City Council Resolution No. 2011-119,
which adopted components of the Comprehensive Land Use Update, including an update of the
General Plan and Land Use Map, an amendment to the Downtown Specific Plan and the
Specific Plan Map, a Climate Action Plan, and five conceptual development proposals, which
include Street Conversions/Community Corridors, Senior Village Expansion, Las Palmas Park
and Facilities Vision Concept Plan, Kimball Park Master Plan, and El Toyon Park Master Plan,
and the Water Supply Assessment. Additional details and conceptual figures for the various
components are described in the Project Description in the Environmental Impact Report
(Exhibits E-2 and E-3).
The proposed resolution would also adopt the General Plan Update and Land Use Designation
Map, adopt a Downtown Specific Plan and the Specific Plan Map, adopt a Climate Action Plan,
and approve, in concept only, five development proposals (including Street
Conversions/Community Corridors, Senior Village Expansion, Las Palmas Park and Facilities
Vision Concept Plan, Kimball Park Master Plan, and El Toyon Park Master Plan), and would
approve the Water Supply Assessment. City Council actions on the five development
proposals, which are conceptual in nature only, are not legally required at this time.
The proposed ordinance would repeal the previous City Council Ordinance No. 2011-2362,
which adopted the Land Use Code (Zoning) amendment and would adopt the Land Use Code
(Zoning) amendment including the Official Zoning Map.
Background
The Comprehensive Land Use Update includes an update of the General Plan and the Land
Use Code, an amendment of the Downtown Specific Plan, a Climate Action Plan, and five
conceptual development proposals. The General Plan is the City's principal policy document to
guide growth, development, and conservation and is the foundation for all planning decisions.
The Land Use Code implements the broad policies of the General Plan by specifying the uses
permitted on each parcel of land, the intensity of development, and standards for development.
The Downtown Specific Plan regulates the use and development of land within the downtown
area of the City. The Climate Action Plan establishes a strategy to reduce greenhouse gas
emissions that contribute to climate change. The five conceptual development proposals are:
Street Conversions/Community Corridors; Senior Village Expansion; Las Palmas Park and
Facilities Vision Concept Plan; Kimball Park Master Plan; and El Toyon Park Master Plan. The
Environmental Impact Report assesses the potential environmental consequences of
implementation of the Comprehensive Land Use Update.
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General Plan Update
State law recommends that the General Plan be updated every ten years or more often if
necessary; the last comprehensive update was in 1996. The General Plan is required to
address seven elements: land use, circulation, housing, safety, noise, open space, and
conservation. The General Plan Update (Exhibit A) does not include an update of the 2007
Housing Element because the Regional Housing Needs Assessment (RHNA) was adopted by
SANDAG after the preparation of General Plan Update. The next planning cycle for the
Housing Element begins in January 2013. The other required elements and several optional
elements are addressed in the update: Land Use and Community Character, Circulation,
Safety, Noise and Nuisance, Open Space and Agriculture, Conservation and Sustainability,
Health and Environmental Justice, and Education and Community Participation.
Land Use and Community Character Element
The Land Use and Community Character Element identifies where future development and
redevelopment should occur. The element balances growth and change with preserving and
improving established residential neighborhoods and commercial and industrial districts to
improve the quality of life in the community. Three key concepts are reflected in the land use
plan: smart growth, mixed -use, and transit -oriented development.
Smart growth describes urban design principles that serve the economic, environmental, and
social needs of the community. Characteristics of smart growth include a mix of land uses;
compact building design; a range of housing opportunities; walkable neighborhoods; distinctive
communities with a strong sense of place; the preservation of open space and critical
environmental areas; and a variety of transportation choices.
Mixed -use development is characterized by a variety of compatible uses such as office,
commercial, institutional, and residential within the same building, on the same parcel, or on a
group of parcels within the same block.
Transit -oriented development is moderate- to higher -density development, located within an
easy walk of a major transit stop, generally with a mix of residential, employment, and shopping
opportunities designed for pedestrians.
The element generally directs future development and redevelopment along major and minor
transit corridors, within urban and community centers, and near transit stations. This is
accomplished through an increase in allowable densities in these locations through the creation
of mixed -use land use designations, which replace existing commercial designations. Other
goals set forth in the element include: the discontinuance of incompatible land uses; the
strengthening of neighborhoods; the improvement of business districts; and enhanced
aesthetics through public art, the preservation of viewsheds, and the establishment of
community gateways.
Circulation Element
The Circulation Element is a transportation plan for the movement of people and goods and
identifies the general location and extent of existing and proposed major roadways,
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transportation routes, terminals, ports, and pedestrian and bikeway facilities. The element
addresses the needs of mobility through an integrated circulation network that accommodates
local and regional trips and supports public transit, walking, bicycling, and vehicular traffic and
parking. The element identifies strategies to meet the future needs generated by the land uses
identified in the Land Use and Community Character Element.
A key focus of the element is the development of a multi -modal transportation system that
serves pedestrians, bicyclists, transit riders, and drivers. Since the City is almost completely
developed, few changes are being proposed to the overall roadway network. The element
seeks to enhance the existing system to improve circulation through multi -modal facilities. The
element identifies Community Corridors, which are a street type intended to increase the
comfort of walking and bicycling through traffic calming measures, streetscape improvements,
pedestrian amenities, and bicycle facilities.
Safety Element
The Safety Element establishes goals and policies to protect the community from risks of injury,
loss of life, and property and environmental damage associated with hazards such as wildfires,
geologic and seismic hazards, flooding, hazardous materials, military installations, and
brownfields. The element establishes development policies for areas affected by potential
hazard risk and seeks to minimize the risk associated with those hazards. This element also
includes policies to reduce crime through environmental design and response objectives related
to police and fire operations and emergency services.
Noise and Nuisance Element
Noise can affect the environment and quality of life in the community. This element identifies
and assesses noise levels throughout the community and establishes policies to minimize
problems from intrusive sound and to ensure that new development does not expose people to
unacceptable noise levels. Traffic is the most significant source of noise in the planning area,
and the surrounding freeways and major arterials are the most prevalent sources of traffic
noise. Non -transportation -related sources of noise include military operations, industrial
manufacturing, commercial, and institutional uses.
The California Building Code applies noise standards to new construction to provide suitable
interior noise environments. Noise also is regulated through compatibility guidelines in the
Noise Element and the Noise Ordinance of the Municipal Code. The compatibility guidelines
are used to evaluate land use noise compatibility when reviewing proposed development
projects. The Municipal Code sets forth noise regulations for specific times of days and types
of operations.
A nuisance is an unreasonable or unlawful use of property which results in material annoyance,
inconvenience, discomfort, or damage to another person or to the public. Types of nuisances
include the storage of junk, accumulation of trash, and over -growth of weeds, and are generally
regulated by the Municipal Code. This element describes the issues pertaining to nuisances in
the community and provides policy direction for their remediation.
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Open Space and Agriculture Element
The Open Space and Agriculture Element establishes policies on open -space lands, sensitive
resource areas, parks and recreational facilities, trails, urban agriculture, and cultural sites. The
element identifies remaining natural, open space areas for preservation due to their ecological
value. This element seeks to ensure that adequate park and recreational facilities are available
and accessible with policies that expand opportunities through the use of vacant or under used
sites and rights -of -way. Urban agriculture includes the cultivation, processing, and distribution
of fruits, vegetables, flowers, and herbs in an urban setting. Urban agriculture provides sources
of fresh foods and opportunities for neighborhood collaboration through gardens and
community farms. The element also identifies cultural and historical resources and sets forth
policies for their preservation.
Conservation and Sustainability Element
The Conservation and Sustainability Element addresses the conservation, development, and
use of natural resources and their sustainability. Sustainability is the concept of meeting the
needs of current generations without compromising the ability of future generations to meet
their own needs. This element establishes policies for water and energy conservation, water
quality, waste reduction, recycling, and climate change. Major sources of greenhouse gas
(GHG) emissions are affected by local policies; land use plans play an important role in
reducing emissions by dictating land use patterns and the need for vehicular modes of travel.
Health and Environmental Justice Element
The Health and Environmental Justice Element addresses the built environment's impact on
public health and environmental justice. The mix of uses within a community, the accessibility
of transit, and the proximity of parks and recreational facilities affect physical activity, eating
habits, and stress levels. This element establishes goals and policies to improve access to
healthy foods, increase levels of physical activity, and improve overall public health. This
element addresses exposure to poor air quality by separating sensitive receptors from sources
of air pollution, reducing emissions, and incorporating design features in new development.
The element also emphasizes the need for meaningful public participation in the development
and implementation of plans and policies.
Education and Public Participation Element
The Education and Public Participation Element recognizes that improving educational
opportunities for people of all ages is critical to enhancing quality of life and contributes to
developing an active and informed citizenry. This element sets forth goals and policies that
address educational programs, day care, after -school programs, library facilities, cultural arts,
access to technology resources, occupational training, and life-long learning programs in
addition to public participation. The element encourages collaboration between the City and
local school districts to improve opportunities for learning in the community. The element also
emphasizes the importance of civic involvement and volunteerism to inform the public decision -
making process and to foster pride and a greater sense of community.
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Land Use Code
The Land Use Code amendment (Exhibit B-1) includes the Official Zoning Map (Exhibit B-3)
and has been updated to be consistent with and to implement the policies of the General Plan
Update. The Land Use Code amendment introduces mixed use zones that generally apply to
the major commercial corridors such as Plaza Boulevard and Highland Avenue. These zones
allow development floor area ratios (FAR) of up to 2.0 or 3.5 and densities of up to 48 or 75
dwelling units per acre. Other major changes address neighborhood gardens and community
farms, neighborhood corner stores, second dwelling units, emergency shelters, transitional and
supportive housing, payday lenders, pawn shops and businesses purchasing gold and other
precious metals, medical marijuana dispensaries, and auto body uses.
Downtown Specific Plan Amendment
The Downtown Specific Plan Amendment (Exhibit C-1) is a clean up amendment of Chapters IV
and V and includes an amendment of the Downtown Specific Plan Map (Exhibit C-4) that is
consistent with the General Plan Update. A strikethrough-underline version (Exhibit C-2) of the
amended chapters and the previous Downtown Specific Plan Map (Exhibit C-3) are attached.
The major changes include minimum floor area ratios (FAR) for development zones to insure
an appropriate intensity of development within the downtown area. The amendment also
clarifies permitted uses in each development zone and references development standards in
the Land Use Code that would apply to certain development zones in the Downtown Specific
Plan.
Climate Action Plan
The Climate Action Plan (Exhibit D) addresses climate change at the local level by
implementing policies of the General Plan Update. The Climate Action Plan addresses the
major sources of greenhouse gas emissions in the City and establishes a long-term strategy to
achieve a reduction target of 15 percent below 2005/2006 emission levels by the year 2020 with
additional reductions by 2030. Implementation measures address energy use and efficiency,
renewable energy, land use and urban design, waste reduction, water conservation,
transportation demand management, alternative transportation modes, financing mechanisms,
and other measures.
Development Proposals
The Comprehensive Land Use Update includes conceptual plans for five future development
proposals governing improvements of certain streets and parks within the City and future
development of senior housing. The conceptual plans are fully described in the EIR project
description. These conceptual plans and proposals consist of:
• Street Conversions/Community Corridors include neighborhood gardens, produce
stands, paradise creek greenway improvements, street trees, sitting areas, various other
public amenities through the closure of portions of various streets near (1) Hoover
Avenue south of 18th Street, (2) West Avenue between 16th Street and 18th Street, (3)
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Hoover Avenue between 22nd Street and Mile of Cars Way, (4) 12th Street east of Palm
Avenue, (5) F Avenue between 18th Street and 19th Street, (6) Kimball Way at F
Avenue, and (7) Q Avenue between La Posada Street and Delta Street. The
Community Corridors establish roadway design standards intended to calm traffic and
increase pedestrian safety. Community Corridors are proposed throughout the City.
• Senior Village Expansion includes an expansion to the existing Senior Village multi-
family residential complex, to include 200 additional senior residential units up to 60 feet
in height and construction of a medical office structure, and a parking structure. The
project site is located between 12th Street and 15th Street east of D Avenue.
• Las Palmas Park and Facilities Vision Concept Plan which includes a soccer field,
expanded playground, skate park, trails, dog park/run, community garden plots, open
space and lake/irrigation pond, parking spaces, improvements to the community center
and pool house, and new commercial space and associated parking in the current
location of the driving range.
• Kimball Park Master Plan which includes parking spaces, community garden plots, a
trail, vegetation enhancements within paradise creek.
• El Toyon Park Master Plan which includes an expanded playground, a joint use facility
to include a fire station and community center, community garden plots, trails, a dog run,
picnic area, and demolition of some existing structures.
Public Participation
The City sought out and incorporated public input throughout the two-year preparation of the
Comprehensive Land Use Update. As part of the public outreach and participation efforts, the
City held a number of public workshops, community meetings, and other public engagement
events. During this period, a total of 23 community meetings were held at different locations
throughout the City in addition to the public hearings before the Planning Commission and City
Council.
Environmental Impact Report
The Environmental Impact Report (Exhibits E-2, E-3, and E-4) identifies potentially significant
environmental impacts in the following areas: Air Quality, Biological Resources, Hazards,
Hydrology and Water Quality, Land Use, Noise, Transportation and Circulation, and Utilities and
Service Systems. The EIR suggests mitigation measures that would reduce most impacts to
less -than -significant levels. However, significant unavoidable impacts were identified in the
areas of Air Quality, Transportation and Circulation, and Utilities and Service Systems.
The Final EIR (Exhibit E-2) responds to environmental issues raised on the Draft EIR (Exhibits
E-3, E-4) and makes revisions to the Draft EIR as necessary in response to these comments.
Revisions were incorporated into the General Plan Update in response to these comments.
Various alternatives to the Comprehensive Land Use Update, including the development
proposals, were also evaluated in the EIR.
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Attachments
The following exhibits are included in the attached CD.
A) General Plan Update
B-1) Land Use Code Amendment (Clean Version)
B-2) Land Use Code Amendment (Strikethrough-Underline Version)
B-3) Official Zoning Map Amendment
C-1) Downtown Specific Plan Amendment (Clean Version)
C-2) Downtown Specific Plan Amendment (Strikethrough-Underline Version)
C-3) Downtown Specific Plan Map (Prior to June 7, 2011)
C-4) Downtown Specific Plan Map (Adopted June 7, 2011)
D) Climate Action Plan
E-1) Statement of Overriding Considerations and Findings of Fact
E-2) Final Environmental Impact Report
E-3) Draft Environmental Impact Report
E-4) Draft Environmental Impact Report Appendices
F) Planning Commission Resolution 14-2011
G) Mitigation Monitoring and Reporting Program
H) Planning Commission Resolution 2-2012
I) Water Supply Assessment
J) Planning Commission Resolution 20-2011
K) Planning Commission Staff Report 1-9-2012
L) Draft City Council Ordinance
M) Draft City Council Resolution
Note: The Five Conceptual Development Proposals are described in the Environmental
Impact Report project description.
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