HomeMy WebLinkAboutCC RESO 2007-183RESOLUTION NO. 2007 — 183
RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF NATIONAL CITY
AUTHORIZING EXECUTION OF ORDER OF VACATION
OF AN UNIMPROVED PORTION OF CLEVELAND AVENUE
AND AN UNIMPROVED ALLEY SOUTH OF BAY MARINA DRIVE
AND EAST OF MARINA WAY
APPLICANT: COMMUNITY DEVELOPMENT COMMISSION
OF THE CITY OF NATIONAL CITY
CASE FILE NO. 2007-27 SC
WHEREAS, application was made requesting to vacate and close an unimproved
portion of Cleveland Avenue more particularly described in Exhibit "A" and Exhibit "B", and an
unimproved alley more particularly described in Exhibit "C" and Exhibit "0", attached hereto and
incorporated herein as though set forth in full, in the City of National City, County of San Diego,
State of California; and
WHEREAS, on June 5, 2007, the City Council conducted a public hearing and
initiated the said proposed vacations and closures of public rights -of -way, and
WHEREAS, the City Engineer of the City of National City, California, has caused
notice of said vacations and closures to be posted in the manner specified by law; and
WHEREAS, on July 2, 2007, the Planning Commission of the City of National
City considered the proposed vacations and closures and found and determined that the
vacation and closure of an unimproved portion of Cleveland Avenue and an unimproved alley
conforms with the City's adopted General Plan; and
WHEREAS, the City Council has considered the Planning Commission's report
and recommendation, and the presentation of staff regarding the proposed vacations and
closures; and
WHEREAS, all things and acts necessary to be done, as required by Part 3 of
Division 9 of the California Streets and Highways Code, in order to abandon said street have
been done and accomplished, and
WHEREAS, a hearing was held on July 17, 2007, in the City Council Chambers
of the City of National City, at which time all persons interested in or objecting to the proposed
vacations and closures were afforded the opportunity to appear and be heard; and
WHEREAS, the City Council at said hearing, found, from all evidence submitted,
that said portion of public rights -of -way are unnecessary for present or prospective motorized
use or for present or future installation of utilities; and
WHEREAS, the City Council at said hearing found that for the unimproved public
street and unimproved alley does not provide a benefit for an access public right of way or for
future utilities; and
WHEREAS, the applicant will be developing the property and the existing
roadway and alleyway easements conflict with the future development of the parcel; and
Resolution No. 2007 — 183
August 7, 2007
Page 2
WHEREAS, the City Council at said hearing further found that vacation and
closures of said portion of public rights -of -way are in conformity with the adopted General Plan.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
National City finds and determines as follows:
That the Mayor and City Clerk are respectively authorized and directed to execute and
attest an Order of Vacation of the above described portion of public right-of-way.
2. That the vacation of the above described portion of public right-of-way to motorized
vehicles is made under the authority of Division 9, Part 3, Chapter 3 of the California
Streets and Highways Code.
3. That the vacation of the above -described portion of public right-of-way is made to
facilitate the development of a 173-room hotel, 4,000 square foot restaurant, and a
16,000 square foot commercial structure, and the operator of said hotel will maintain
continued pedestrian and bicycle access and provide for emergency vehicular access.
4. That the rights -of -way to be vacated are not needed for present or future public
transportation uses and/or for utility service, since the property abutting the streets in
consideration will continue to have access to public streets, utilities will be installed on site
and maintained by the hotel operator, and the area will still provide for pedestrian and
bicycle access through an approved pedestrian/bicycle access plan.
That the area to be vacated is not required as a non -motorized transportation facility for
pedestrians, bicyclists, or equestrians because proposed improvements include new
pedestrian and bicycle access points and linkages to the Bayshore Bikeway, which will
allow for the same through travel on adjacent streets.
That the vacations of the proposed segment of rights -of -way are consistent with the City's
General Plan, since the General Plan encourages the development and implementation of
the Harbor District Specific Plan and connections to the Bayshore Bikeway, and the
Circulation Element within the General Plan does not identify any future connection for
Cleveland Avenue south of Bay Marina Drive or improvements to the alley on the subject
property.
7. That the City Clerk is hereby authorized and directed to cause a certified copy of subject
order to be recorded in the office of the County Recorder of San Diego County, pursuant
Section 8325 of the California Streets and Highways Code.
8. That from and after the date that this Resolution is recorded, the above -described
portion of public rights -of -way no longer constitute a street and/or alley, except as
reserved and excepted herein.
--- Signature Page to Follow ---
Resolution No. 2007 — 183
August 7, 2007
Page 3
PASSED and ADOPTED this 7th day of Augus 2� S7
ATTEST:
i/
Mic -el R. Della, C y Clerk
APPROVED AS TO FORM:
George H.1iser, III
City Attorney
ar
on M•rrison, M
Passed and adopted by the Council of the City of National City, Califomia, on August 7,
2007 by the following vote, to -wit:
Ayes: Councilmembers Morrison, Natividad, Parra, Ungab.
Nays: None.
Absent: Councilmember Zarate.
Abstain: None.
AUTHENTICATED BY:
RON MORRISON
Mayor of the City of National City, California
rijA/
City C rk of the City of National City, California
By:
Deputy
I HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of
RESOLUTION NO. 2007-183 of the City of National City, California, passed and
adopted by the Council of said City on August 7, 2007.
City Clerk of the City of National City, California
By:
Deputy
PLEASE C()MPL,ET(✓,THIS INFORMATION
RECORDING REQUESTED BY:
CITY CLERK. OF NATIONAL. CITY
1243 National City Blvd
National City, CA 91950
AND WHEN RECORDED MAIL TO:
CITY CLERK OF NATIONAL CITY
1243 National City Blvd
National City, CA 91950
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2007-0548712
RESOLUTION AUTHORIZING EXECUTION OF AN ORDER OF VACATION
OF AN UNIMPROVED PORTION OF CLEVELAND AVENUE AND AN
UNIMPROVED ALLEY SOUTH OF BAY MARINA DRIVE AND EAST OF
MARINA WAY.
(Please fill in document title(s) on this line)
TIIIS PAGE ADDED TO PROVIDE ADEQUATE SPACE FOR RECORDING INFORMMATION
12479
RESOLUTION NO. 2007 — 183
RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF NATIONAL CITY
AUTHORIZING EXECUTION OF ORDER OF VACATION
OF AN UNIMPROVED PORTION OF CLEVELAND AVENUE
AND AN UNIMPROVED ALLEY SOUTH OF BAY MARINA DRIVE
AND EAST OF MARINA WAY
APPLICANT: COMMUNITY DEVELOPMENT COMMISSION
OF THE CITY OF NATIONAL CITY
CASE FILE NO. 2007-27 SC
WHEREAS, application was made requesting to vacate and close an unimproved
portion of Cleveland Avenue more particularly described in Exhibit "A" and Exhibit "B", and an
unimproved alley more particularly described in Exhibit "C" and Exhibit "D", attached hereto and
incorporated herein as though set forth in full, in the City of National City, County of San Diego,
State of California; and
WHEREAS, on June 5, 2007, the City Council conducted a public hearing and
initiated the said proposed vacations and closures of public rights -of -way, and
WHEREAS, the City Engineer of the City of National City, California, has caused
notice of said vacations and closures to be posted in the manner specified by law; and
WHEREAS, on July 2, 2007, the Planning Commission of the City of National
City considered the proposed vacations and closures and found and determined that the
vacation and closure of an unimproved portion of Cleveland Avenue and an unimproved alley
conforms with the City's adopted General Plan; and
WHEREAS, the City Council has considered the Planning Commission's report
and recommendation, and the presentation of staff regarding the proposed vacations and
closures; and
WHEREAS, all things and acts necessary to be done, as required by Part 3 of
Division 9 of the California Streets and Highways Code, in order to abandon said street have
been done and accomplished, and
WHEREAS, a hearing was held on July 17, 2007, in the City Council Chambers
of the City of National City, at which time all persons interested in or objecting to the proposed
vacations and closures were afforded the opportunity to appear and be heard; and
WHEREAS, the City Council at said hearing, found, from all evidence submitted,
that said portion of public rights -of -way are unnecessary for present or prospective motorized
use or for present or future installation of utilities; and
WHEREAS, the City Council at said hearing found that for the unimproved public
street and unimproved alley does not provide a benefit for an access public right of way or for
future utilities; and
WHEREAS, the applicant will be developing the property and the existing
roadway and alleyway easements conflict with the future development of the parcel; and
12480
Resolution No. 2007 — 183
August 7, 2007
Page 2
WHEREAS, the City Council at said hearing further found that vacation and
closures of said portion of public rights -of -way are in conformity with the adopted General Plan.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
National City finds and determines as follows:
That the Mayor and City Clerk are respectively authorized and directed to execute and
attest an Order of Vacation of the above described portion of public right-of-way.
2. That the vacation of the above described portion of public right-of-way to motorized
vehicles is made under the authority of Division 9, Part 3, Chapter 3 of the California
Streets and Highways Code.
3. That the vacation of the above -described portion of public right-of-way is made to
facilitate the development of a 173-room hotel, 4,000 square foot restaurant, and a
16,000 square foot commercial structure, and the operator of said hotel will maintain
continued pedestrian and bicycle access and provide for emergency vehicular access.
4. That the rights -of -way to be vacated are not needed for present or future public
transportation uses and/or for utility service, since the property abutting the streets in
consideration will continue to have access to public streets, utilities will be installed on site
and maintained by the hotel operator, and the area will still provide for pedestrian and
bicycle access through an approved pedestrian/bicycle access plan.
5. That the area to be vacated is not required as a non -motorized transportation facility for
pedestrians, bicyclists, or equestrians because proposed improvements include new
pedestrian and bicycle access points and linkages to the Bayshore Bikeway, which will
allow for the same through travel on adjacent streets.
6. That the vacations of the proposed segment of rights -of -way are consistent with the City's
General Plan, since the General Plan encourages the development and implementation of
the Harbor District Specific Plan and connections to the Bayshore Bikeway, and the
Circulation Element within the General Plan does not identify any future connection for
Cleveland Avenue south of Bay Marina Drive or improvements to the alley on the subject
property.
7. That the City Clerk is hereby authorized and directed to cause a certified copy of subject
order to be recorded in the office of the County Recorder of San Diego County, pursuant
Section 8325 of the California Streets and Highways Code.
8. That from and after the date that this Resolution is recorded, the above -described
portion of public rights -of -way no longer constitute a street and/or alley, except as
reserved and excepted herein.
-- Signature Page to Follow ---
Resolution No. 2007 — 183
August 7, 2007
Page 3
PASSED and ADOPTED this 7th day of Augus , 2'07
on M.rrison, M
ATTEST:
Mic . el R. Dalla, C y Clerk
APPROVED AS TO FORM:
George H. iser, Ill
City Attorney
12481
12482
Passed and adopted by the Council of the City of National City, California, on August 7,
2007 by the following vote, to -wit:
Ayes: Councilmembers Morrison, Natividad, Parra, Ungab.
Nays: None.
Absent: Councilmember Zarate.
Abstain: None.
AUTHENTICATED BY: RON MORRISON
Mayor of the City of National City, California
MICHAEL R. DALLA
City Clerk of the City of National City, California
By:
Deputy
I HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of
RESOLUTION NO. 2007-183 of the City of National City, California, passed and
adopted by the Council of said City on August 7, 2007.
ve:41/j)
City erk of the City of ational City, California
By:
Deputy
ORDER OF VACATION
The City of National City, by authority of Resolution No. 2007-183, duly adopted on August
7, 2007, by the City Council of the City of National City, hereby orders the vacation of the
unimproved portion of Cleveland Avenue more particularly described in Exhibit "A" and
Exhibit "B" and an unimproved alley more particularly described in Exhibit "C" and Exhibit
"D", attached hereto.
Executed this 7th day of August, 2007.
N MORRISON, MAYOR
MICi-TAEL R. DALL
CITY CLERK
124.83
12484
EXHIBIT A
2007-27 SC
The Easterly 14 feet of Cleveland Avenue lying adjacent to the Westerly line of the vacated 40
feet of Cleveland Avenue (formerly 8th Avenue) as reserved in City of National City, Resolution
12268 recorded February 28, 1977 in the Office of the County Recorder of San Diego County a
File No. 77-072282.
PORTION MAP 348
EXHIBIT B
2
3
4
22
21
20
19
5 18
6 (D 17
7
8
9
10
16
15
14
13
AREA OF CLEVLAND AVENUE
TO BE VACATED
2
3
4
5
22
21
20
19
8
6
7
8
9
0
17
16
15
14
13
QNV13A313
z
2
3
4
24
231 22
nJ
21
20
19
13
6
7
8
9
10
11
:7
16
15
14
12 13
2
3
4
5
6
7
22
21
20
19
18
17
8
9
10
16
15
14
13
NOT 70 SCALE
12486'
EXHIBIT C
2007-27 SC
The alley in block 281 of Map 348 Filed in the Office of The County Recorder of San Diego.
County, October 2, 1882
ALLEY
TO BE VACATED
PORTION NAP 348
EXHIBIT D
1 22
2 21
20
4 19
5
18
6 17
7 16
8 15
0
14
10 13
2
3
4
5
8
9
10
22
21
2C
19
18
17
16
15
14
13
QNV I3n313
m
z
2
3
4
5
6
7
8
9
10
24
231 22
11 12
21
20
17
16
15
14
13
1
3
4
5
6
7
22
21
20
19
18
17
8
9
10
16
15
14
13
NOT TC SCALE
00