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HomeMy WebLinkAboutCC RESO 12,163RESOLUTION NO. 12,163 A RESOLUTION 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 REPEALING RESOLUTION NO. 9421 �vy� 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 National City for the purpose of prescribing regulations governing the vacation of public way and estab- lishing a policy directive therefor, that certain administra- tive directive known as "Street and Alley Vacation Procedures" a copy of which is now on file in the office of the City Clerk of the City of National City and the same is hereby adopted and incorporated as fully as if set out at length herein and from the date of this resolution shall take effect, the provisions thereof to be controlling within the limits of the City of National City. q v 4L/ 2. That Resolution No. lof the City of National City and all other procedures and policies and parts in conflict therewith are hereby repealed. PASSED AND ADOPTED this 12th day of October, 1976. ATTEST: CIT CLERK iv /63 STREET AND ALLEY VACATION PROCEDURES PURPOSE Streets, alleys, or portions thereof may only be vacated upon a finding that property in question is unnecessary for present or future uses as a street. See NOTE on page 5. INITIATION OF VACATION Vacation of public streets or alleys may be initiated by: (a) Resolution of the City Council; (b) Resolution of the Planning Commission; (c) Request of property owner or his authorized agent. APPLICATION FOR VACATION A request for street or alley vacation, or portion thereof, shall be sub- mitted to the Planning Department on a form prescribed by the Planning Director. Such request shall include and be accompanied by: (a) Applicant's explanation of reason for the request. (b) A title examination report for the area proposed for vacation. (c) An original and ten (10) copies of a map prepared by a registered civil engineer or licensed surveyor, depicting by dimension area(s) of proposed vacation; bearings; angle points, adjacent streets and alleys; abutting property lines; description of closing, and such other information as may be required by the Director of Public Works. (d) A non-refundable fee of $100.00 per block or fraction thereof shall be paid to the City Treasurer at the time of filing. (Re: City Council Resolution 9241) (e) A completed Initial Study form and $50.00 filing fee which shall be paid to the City Treasurer at the time of filing. (f) See NOTE on page 5. APPRAISAL AND CONVEYANCE (a) In the event fee title is held by the City and sale of the property is anticipated, a short form letter appraisal shall be obtained by the City (costs of which shall be assessed to the applicant) for the purpose of establishing market value of the property. A qualified professional appraiser will be utilized to obtain the appraisal. -3- RESOLUTION ORDERING VACATION (Continued) ordering vacation. The City Clerk, upon receipt of resolution ordering vacation, shall record same with the County Recorder. PLANNING DEPARTMENT PROCEDURE Upon the filing of a verified application and the deposit of required fee, or the adoption of a resolution 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 (Planning Department Drawing No. on file in the Planning Department). (b) The Planning Department shall notify the Building Department; Fire Department; Police Department; Engineering Department; Real Property Officer, Ron Ballard; Environmental Planner, Mark Chomyn; Coastal Commission when applicable, of the proposed vacation and request their comments and recommendation in this matter. (c) The Planning Department shall notify 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 comments they may have as to the advisability of the proposed vacation. (a) Attach thereto a copy of the submitted vacation map. (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 con- ditions 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. Those not subject to "blanket easement" set forth in standard resolution ordering vacation.) -4- PLANNING DEPARTMENT PROCEDURE (Continued) (2) Specifically provide provisions for a Commission finding that said public way is needed or not needed for present or contemplated future public purposes. See NOTE on page 5. (3) (g) Pursuant to Planning Commission action, prepare a memo to City Council advising of Planning Commission action and request the City Council to adopt a resolution of intent to vacate said public way or portion thereof, and set a hearing date and Planning Commission's recommendation taken into consideration at that time. (1) Memo to include pertinent background information. (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. (If conveyance of property is an alternative, the Council shall be advised of the market value of the property based upon the opinion of a qualified appraiser.) (3) Authority (4) All pertinent background information. (5) Planning Director's comments. (j) Pursuant to City Council action and verification that all, if any, condi- tions have been satisfied or otherwise adequately 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 resolution on file in the Planning Department.) (2) If conveyance of city owned property is anticipated, resolution will authorize such action. (3) See NOTE, below. (k) Upon receipt of order of vacation the City Clerk shall record final action with the County Recorder. -5- NOTE 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.