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HomeMy WebLinkAboutCC RESO 15,452RESOLUTION NO. 15,452 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY ADOPTING STREET AND ALLEY VACATION PROCEDURES, PRESCRIBING REGULATIONS GOVERNING THE VACATION OF PUBLIC WAY AND ESTABLISHING A POLICY DIRECTIVE THEREFOR, AND SUPERSEDING RESOLUTION NO. 9241 The City Council of the City of National City, California, hereby resolves as follows: 1. There is hereby adopted by the City Council of the City of the City of National City for the purpose of prescribing regulations governing the vacation of public way and establishing a policy directive therefor, that certain administrative directive known as "Street and Alley Vacation Procedures", a copy of which is attached hereto as Exhibit "A" and incorporated herein by reference, the provisions thereof to be controlling within the limits of the City of National City. 2. That Resolution No. 9241 of the City of National City and all other procedures and policies and parts in conflict therewith are hereby superseded. PASSED and ADOPTEu this 17th day of November, 1987. GEORGEFK `WATERS, MAYOR ATTEST: IONE CAMP FILL, CITY CLERK APPROVED AS TO FORM: GEU1d4H lsr tt III-CI1Y ATIORNEY— EXHIBIT "A" STREET AND ALLEY VACATION PROCEDURES 1 PURPOSE To provide a means by which streets, alleys, or portions thereof which are not necessary for present or future public use can be reverted to private use in compliance with Part 3, Chapters 1-5 of the Streets and Highways Code and Government Code Section 65402. 2 INITIATION OF VACATION Vacation of public streets or alleys may be initiated by: (a) Resolution or minute action of the City Council; (b) Resolution or minute action of the Planning Commission (c) Request of property owner or his authorized agent. 3. APPLICATION FOR VACATION A request for street or alley vacation or portion thereof, shall be submitted to the Planning Department on a form prescribed by the Planning Director. Such request shall be signed by all property owners abutting the proposed vacation and shall include and be accompanied by: (a) Applicant's explanation or reason for the the request. (b) A preliminary title report for the area proposed for vacation. Prior to recordation of the order to vacate, a policy of title insurance shall be provide-!. (c) An original and ten (10) copies of an assessors map or other suitable exhibit referenced to a map on file with the City delineating the proposed vacation. (d) A legal description of the proposed vacation. (e) A non-refundable fee of $450 payable to the City Treasurer. (f) A completed inital study form and $100.00 filing fee payable to the City Treasurer. If the vacation is city initiated, the Engineering Department will have lead responsibility for filing requirements. City initiated vacations shall not require filing fees. Whether initiated by City or by property owner the Engineering Department will determine the technical adequacy of the required maps, exhibits and legal descriptions. It can be expected that vacation actions will carry a requirement that all abutting property owners formally relinquish their access rights to the public right-of-way being vacated. It will be the applicant's responsibility to obtain those relinquishments. 4. APPRAISAL AND CONVEYANCE (a) In the event fee title is held by the City and sale or conveyance of the parcel to abutting property owners is anticipated, the Engineering Department shall order: 1. A short form letter of appraisal for the purposes of establishing fair market value of the property. 2. A policy of Title Insurance for the property to be sold or conveyed. The costs of items 1 and 2, above, shall be assessed to the applicant. (b) If conveyance is anticipated, the City Council will be advissed of the market value of the property to be vacated. The final City Council resolution will authorize the conveyance. 5. PLANNING COMMISSION HEAPING Upon the filing of a verified application and deposit of the required fee, or the adoption of a resolution by the Planning Commission or City Council, the Planning Commission shall hold a public hearing. Notice of such hearing shall be given by mailing a written notice not less than ten (10) days prior to the date of hearing to the applicant, and all owners of property living within 300 feet of the subject vacation, using for this purpose the name and address of such owners as shown on the latest adopted San Diego County Tax Roll, and other persons on request. After considering all public testimony, the Planning Commission may recommend vacation of the street or alley if its finds that the area to be vacated is: 1. Not needed for present or future public purposes. 2. Not useful as a non motorized transportation facility as defined in Section 156 of the Streets and Highways Code; 3. The proposal is in conformity with the City's General Plan. The Planning Commission shall recommend to the City Council approval or denial of the request including the reasons for the recommendation and the relationship of the proposed vacation to applicable general and specific plans. 6. RESOLUTION OF INTENT TO VACATE Upon completion of the Planning Commission hearing, the City Council shall be notified of the Planning Commission action. The City Council may then adopt a resolution of intent to vacate said public way or portion thereof and set a date for public hearing to consider said vacation. 7. CITY COUNCIL HEARING The City Clerk shall give notice in the same manner as prescribed above for the Planning Commission hearing in addition to the posting required by law (Section 8307 of Streets and Highways Code of California). The Planning Commission report and recommendation shall be taken into consideration at the time of hearing. Following the hearing the City Council may approve or deny the vacation. 8. RESOLUTION ORDERING VACATION Upon verification that all, if any, conditions of vacation have been satisfied or otherwise adequately provided for, the City Council may adopt a resolution ordering vacation. The City Clerk, upon receipt of resolution ordering vacation, shall record same with the County Recorder. 9. PLANNING DRPARTMENT PROCEDURE Upon the filing of a verified application and the deposit of required fee, or the initiation of proceedings by the Planning Commission or City Council, and prior to the Planning Commission hearing, the Planning Department shall: (a) Review all proposed street vacations within the industrial area west of Interstate 5, south of 13th Street, for compliance with Planning Department "guideline drawing" for the opening and closing of streets within said area. (b) The Planning Department shall notify the Building Department; Fire Department; Police Department; Engineering Department of the proposed vacation and request their comments and recommendations in this matter. (c) The Planning Department shall provide a copy of the vacation plat to the San Diego Gas & Electric Company, Pacific Telephone & Telegraph Company, and the Sweetwater Authority of the proposed vacation and request their comments relative to: (1) Present use of this public way for utility lines. (2) Proposed future use for utility lines. (3) Any tents they may have as to the advisability of the proposed vacation. (d) Check index card file of all properties which are facing, abutting, or accessible to such street or alley within the same block for special conditions that might affect said closing. (e) Field check area proposed for vacation. (f) Prepare staff report and recommendation for Planning Commission action. (1) Incorporate all departmental and utility company reports and findings. (Utility company will advise of easements that will require special consideration, eg. Those not subject to "blanket easement" set forth in standard resolution ordering vacation.) (2) Draft findings for the Commission that said public way is needed or not needed for present or contemplated future public purposes, is in conformity with the City's adopted General Plan; and, that said portions of public right-of-way are not useful as a non -motorized transportation facility, as defined in Section 156 of the Streets and Highways Code of California, and are not needed for present or prospective public use. (g) Pursuant to Planning Commission action, prepare an agenda statement for the City Council advising of Planning Commission action and requesting the City Council to adopt a resolution of intent to vacate said public way or portion thereof, and to set a hearing date at which time the Planning Commission's recommendation will be considered. (h) Pursuant to City Council action, prepare a request for legal services from City Attorney for resolution of intent to vacate. (1) Attach thereto a draft of resolution of intent to vacate. (Draft of resolution on file in the Planning Department.) (i) Prepare transmittal to City Council. Said transmittal shall include: (1) Planning Commission recommendation. (2) Possible City Council action. (3) Authority (4) All pertinent background information. (5) Planning Director's comments. 0) Pursuant to City Council action and verification that all, if any, conditions have been satisfied or otherwise adequatsily provided for, prepare a request for legal services from City Attorney for resolution ordering vacation. (1) Attach thereto a draft of resolution ordering vacation. (Draft of rest -Option on file in the Planning Department.) (2) If conveyance of real property is anticipated due to the vacation, this conveyance shall be authorized in the resolution. (k) Upon receipt of order of vacation the City Clerk shall record final action with the County Recorder.