HomeMy WebLinkAboutCC RESO 2009-216RESOLUTION NO. 2009 — 216
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY
AUTHORIZING EXECUTION OF ORDER OF VACATION OF AN
UNIMPROVED ALLEY TO RESTRICT PUBLIC ACCESS SOUTH OF
WEST 23rd STREET AND NORTH OF BAY MARINA DRIVE IN THE COASTAL ZONE
(Case File No. 2009-04 SC, CDP)
WHEREAS, application was made requesting to vacate and close an unimproved
alley, more particularly described in Exhibit "A," and shown on Exhibit "B," to restrict public
access south of West 23rd Street and north of Bay Marina Drive; and north of Bay Marina Drive
in the coastal zone; and
WHEREAS, the City Engineer of the City of National City, California, has caused
notice of said vacation and closure to be posted in the manner specified by law; and
WHEREAS, on July 20, 2009, the Planning Commission of the City of National
City considered the proposed vacation and closure and found and determined that the vacation
and closure of the unimproved alley south of West 23rd Street and north of Bay Marina Drive
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 vacation and
closure; 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 unimproved
alley have been done and accomplished; and
WHEREAS, a hearing was held by the City Council on August 18, 2009 in the City
Council Chambers of the City of National City, at which time all persons interested in or
objecting to the proposed vacation and closure 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 right-of-way is 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 the unimproved alley does
not provide an access for public right of way or for future utilities; and
WHEREAS, the City Council at said hearing further found that vacation and
closure of said portion of public right-of-way is in conformity with the adopted General Plan.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of
National City finds and determines as follows:
1. 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.
Resolution No. 2009 — 216
September 1, 2009
Page 2
2. 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. The alleyway has never been used for vehicles of for emergency and
safety vehicular access to the area.
4. The rail line located in the alley is no longer in use and there are no other
easements that would prevent vacation of the alley.
5. The alley is not identified as a Circulation Element road in the General
Plan.
6. The right-of-way to be vacated is not needed for present or future public
transportation uses and/or for utility service.
7. The area to be vacated is not required as a non -motorized transportation
facility for pedestrians, bicyclists, or equestrians.
8. The vacation of the proposed segment of right-of-way is consistent with
the City's General Plan, since the General Plan encourages the
development and implementation of the Harbor District Specific Plan.
9. 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 to Section 8325 of the California Streets and
Highways Code.
10. 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.
PASSED and ADOPTED this 1st day of September, 2009.
on Morrison, Mayor
ATTEST: APPROVED AS TO FORM:
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Michael Dalla, i Clerkz„,,,,,,
Georgeser, III
City Attorney
gain. At
Passed and adopted by the Council of the City of National City, California, on
September 1, 2009 by the following vote, to -wit:
Ayes: Councilmembers Morrison, Parra, Sotelo-Solis, Van Deventer, Zarate.
Nays: None.
Absent: None.
Abstain: None.
AUTHENTICATED BY:
RON MORRISON
Mayor of the City of National City, California
f!
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. 2009-216 of the City of National City, California, passed and
adopted by the Council of said City on September 1, 2009.
City Clerk of the City of National City, California
By:
Deputy