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HomeMy WebLinkAboutCC RESO 2003 - 182RESOLUTION NO. 2003 —182 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY APPROVING A COASTAL DEVELOPMENT PERMIT FOR THE CLOSING OF A 380-FOOT LONG SECTION OF HARRISON AVENUE NORTH OF 23RD STREET APPLICANT: COMMUNITY DEVELOPMENT COMMISSION CASE FILE NO. CDP-2003-4 WHEREAS, the City Council of the City of National City considered a Coastal Development Permit application for the vacation of a portion of Harrison Avenue north of 23ro Street at the regularly scheduled City Council meetings of July 15, 2003 and August 5, 2003, at which time oral and documentary evidence was presented; and WHEREAS, at said public hearing the City Council considered the staff report prepared for Case File No. CDP-2003-4 and the Initial Study "MSI Incorporated' prepared by Community Development Commission which is maintained by the City, and incorporated herein by reference; and WHEREAS, this action is taken pursuant to all applicable procedures required by State and City law; and WHEREAS, this action recited herein is found to be essential for the preservation of public health, safety and general welfare. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of National City, California, that the testimony and evidence presented to the City Council at the public hearings held on July 15, 2003 and August 5, 2003, support the following findings: 1. Find that the previously adopted Negative Declaration adequately addresses the project and that it will have no significant effect on the environment. 2. That the granting of this coastal development permit is consistent with and implements the Certified Local Coastal Program, since the portion of Harrison Avenue to be closed is not a through street and does not serve as access to National City's bayfront. 3. That there are no required conditions of approval necessary to carry out the Certified Local Coastal Program specified in the implementing ordinance that are applicable to the granting of the coastal development permit. 4. That granting of this coastal development permit is consistent with all other City plans and ordinances, since the General Plan does not identify any need for the right-of-way to be used for public purposes. BE IT FURTHER RESOLVED that the City Council has considered the adopted Negative Declaration entitled "MSI Incorporated" together with any comments received during the public review process, and finds on the basis of the whole record (including the Initial Study and any comments received) that 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, and hereby approves the Negative Declaration and authorizes the filing of a Notice of Determination. Resolution No. 2003 — 182 December 16, 2003 Page Two BE IT FURTHER RESOLVED that the application is approved subject to the following conditions: 1. A grading plan shall be submitted showing all of the proposed and existing on -site and off - site improvements. The plan shall be prepared in accordance with the City's standard requirements by a Registered Civil Engineer. All necessary measures for prevention of storm water pollution and hazardous material run-off to the public storm drain system from the proposed parking lot or development, as explained in Case File No. CDP-2003-4, shall be implemented with the design of the grading. This shall include the provision of such devices as storm drain inceptors, clarifiers, or filters. Best Management Practices for the maintenance of the parking lot, including sampling, monitoring, and cleaning of private catch basins and storm drains, shall be undertaken in accordance with the National Pollution Discharge Elimination System (NPDES) regulations. 2. Street plans showing 40 feet of new sidewalk and curb, prepared by a Registered Civil Engineer, shall be submitted showing all of the existing and proposed improvements. The plans shall be in accordance with City requirements. 3. All surface run-off, shall be collected by approved drainage facilities and directed to the street by sidewalk underdrains or a curb outlet. Adjacent properties shall be protected from surface run-off from this development. 4. Pavement repair is required on West 23rd Street and Harrison Avenue. 5. A permit shall be obtained from the Engineering Department for all improvement work within the public right-of-way, and any grading construction on private property. 6. A cost estimate shall be submitted with the plans. A performance bond equal to the approved cost estimate for all the grading, drainage, street improvements, landscaping and retaining wall work shall be posted. Three percent of the estimated cost shall also be deposited with the City as an initial cost for plan checking and inspection services at the time the plans are submitted. The deposit is subject to adjustment. 7. A Title report shall be submitted to the Engineering Department for review of all existing easements and the ownership at the property. 8. Prior to vacation easements for access to and maintenance of sewer and drainage improvements shall be granted to the City. 9. Prior to vacation easements for access to and use of the railroad tracks in the area shall be granted to BNSF or the ownership of the tracks shall be transferred to the City of National City. Additionally, if the tracks are still owned by BNSF, a BNSF Field Engineer should be notified before the commencement of any work in the area. BE IT FURTHER RESOLVED that copies of this Resolution shall be transmitted forthwith to the applicant; and 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. Resolution No. 2003 — 182 December 16, 2003 Page Three Passed and adopted this 16th day of Decembe Nick Inzunayor ATTEST: /i Michel Dalla, City Nerk APPROVED AS TO FORM: George H. Eiser, III City Attorney