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HomeMy WebLinkAboutCC RESO 2017-8RESOLUTION NO. 2017 — 8 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY APPROVING THE VACATION OF 250 FEET OF "A" AVENUE LOCATED SOUTH OF EAST 28TH STREET AND NORTH OF EAST 29TH STREET APPLICANT: FRANK MOTORS WHEREAS, application was made requesting the vacation and closure of 250 feet of "A" Avenue located south of East 28th Street and north of East 29th Street, in the City of National City; and WHEREAS, on August 19, 2014, the City Council of the City of National City conducted a hearing and initiated said vacation and closure of "A" Avenue located south of East 28th Street and north of East 29th Street; and WHEREAS, on November 17, 2014, 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 "A" Avenue located south of East 28th Street and north of East 29'h Street 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, public hearings were held by the City Council on December 16, 2014, March 17, 2015, June 2, 2015, June 7, 2016, June 21, 2016, and December 6, 2016, 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 Engineer caused notice of said vacation and closure to be posted in the manner specified by law; and WHEREAS, the National City General Plan does not consider the portion of "A" Avenue located south of East 28th Street and north of East 29th Street as an arterial or collector street; and WHEREAS, at the City Council hearings, evidence was submitted that there is a low volume of usage on the portion of "A" Avenue located south of East 28th Street and north of East 29th Street, based on the report provided by Stack Traffic Consulting; and WHEREAS, at the City Council hearings, evidence was submitted that said portion of "A" Avenue located south of East 28th Street and north of East 29th Street is used by neighboring residents; and WHEREAS, at the City Council hearings, evidence was submitted that the portion of "A" Avenue located south of East 28th Street and north of East 29th Street provides an access point to East 30th Street; and WHEREAS, at the City Council hearings, evidence was submitted that access to East 30th Street from properties in the neighborhood of the portion of "A" Avenue located south of East 28th Street and north of East 29th Street was provided via alternate routes. Resolution No. 2017 — 8 January 17, 2017 Page Two NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby approves said Street Vacation based on the following findings: 1. That the Street Vacation as described in Case File No. 2013-23 SC is not necessary for present and prospective public use, because the National City General Plan does not consider the portion of "A" Avenue located south of East 28th Street and north of East 29th Street as an arterial or collector street. 2. That the Street Vacation as described in Case File No. 2013-23 SC is not necessary for present and prospective public use, because there is a low volume of usage on the portion of "A" Avenue located south of East 28'h Street and north of East 29th Street, based on the report provided by Stack Traffic. 3. That the Street Vacation as described in Case File No. 2013-23 SC is not necessary for present and prospective public use, because although some area residents stated that they prefer to use the subject segment of "A" Avenue in order to safely access southbound National City Blvd. from the controlled intersection at East 30' Street, alternate routes are available. BE IT FURTHER RESOLVED that the alley vacation is approved subject to the following conditions: General 1. This Street Closure authorizes the vacation of 60 feet by 250 feet of "A" Avenue south of East 28th Street. Except as required by conditions of approval, all plans submitted for permits associated with the project shall conform to Exhibit A-2nd Revision, Case File No. 2013-23 SC dated 6/13/2016. 2. Within four (4) days of approval, pursuant to Fish and Game Code 711.4 and the California Code of Regulations, Title 14, Section 753.5, the applicant shall pay all necessary environmental filing fees for the San Diego County Clerk. Checks shall be made payable to the County Clerk and submitted to the National City Planning Department. Fire 3. Plans submitted for improvements must comply with the current editions of the California Fire Code (CFC) and National Fire Protection Association (NFPA). 4. Identification signs shall be posted for all utilities such as natural gas and fire sprinkler system. The applicant shall contact the National City Fire Department for direction and copy of requirements. 5. Fire department access roads shall meet the requirements of the 2013 California Fire Code Section 503 Fire Apparatus Roads. Facilities, buildings or portions of buildings hereafter constructed shall be accessible to Fire Department apparatus by way of an Resolution No. 2017 — 8 January 17, 2017 Page Three approved fire apparatus access road with an asphalt, concrete or other approved driving surface capable of supporting the imposed load of a fire apparatus weighing at least 75,000 pounds. Fire department access roads shall have an unobstructed width of not less than 20 feet for emergency vehicle travel. Where required by the fire code official, approved signs or other approved notices or markings that include the words NO PARKING -FIRE LANE shall be provided for fire apparatus access roads to identify such roads or prohibit the obstruction thereof. Fire apparatus access roads shall not be obstructed in any manner, including the parking of vehicles. 6. Roads or alleys 20 to 26 feet wide shall be posted on both sides as fire lanes. 7. If automatic gates are used, emergency strobes shall be for entrance and egress if applicable. 8. The National City Fire Department shall be involved with all fire inspections for this site. Rough inspections of all phases of work are required. 9. A 48 hour notice is required for all inspections. Engineering 10. The Applicant shall submit a plat and legal description of the proposed area of the street vacation and any applicable street dedication. 11. The Applicant shall submit a title report for all properties adjacent to the portion of "A" Avenue to be vacated. 12. The street vacation document shall provide all necessary easements as required by the various utility companies. 13. The street vacation document shall provide to the City of National City a twenty foot access and sewer easement ten feet on either side of the existing center line of the portion of "A" Avenue to be vacated. 14. The street vacation document shall provide to the City of National City a drainage easement over that portion of "A" Avenue to be vacated. 15. The Applicant shall submit plans and details of all gates, fences, barricades, and appurtenances proposed to be installed at either end of the vacated portion of "A" Avenue. Planning 16. Access to all existing utilities that reside in the area to be vacated, including water mains, power and telephone poles, and a sewer main shall be maintained or abandoned/relocated as required by the respective utility owner. Resolution No. 2017 — 8 January 17, 2017 Page Four 17. If the proposed cul-de-sac is constructed in the public right-of-way or in the event that the cul-de-sac is dedicated as public right-of-way in the future, the cul-de-sac shall be designed per American Association of State Highway and Transportation Officials (AASHTO) standards to accommodate the turning radius of a 30-foot overall length and/or 20-foot wheelbase single -unit vehicle. 18. The proposed cul-de-sac shall be marked as red curb/no parking to the satisfaction of the City Engineer. 19. No offloading of transport trucks shall occur off -site. 20. Driveway aprons on the remainder of "A" Avenue that are not driveway access shall be abandoned and reconstructed to provide curb, gutter, and sidewalk per City requirements. 21. A landscaped/vegetated barrier shall be constructed along the north property lines of parcels on East 28th Street, as well as along property lines adjacent to residentially - developed parcels. The design of the fence shall include audial as well as visual screening of activities from adjacent residential properties. The barrier shall be irrigated and maintained in perpetuity. The barrier must be in place prior to vacation of "A" Avenue. 22. A new traffic signal at the intersection of National City Blvd. and 28th Street will be required prior to the vacation of "A" Avenue. The applicant is required to secure funding for and to install the new traffic signal. 23. All gates into the property shall provide enough room for stacking of vehicles waiting to enter so that adjacent City streets are not blocked or restricted by waiting service vehicles. 24. After the vacation of "A" A Avenue has been completed, all vehicular access to the property located at 130 East 28th Street shall be from the properties comprising the vehicle storage lot at the southeast corner of East 28th Street and "A" Avenue (Assessor Parcel Number 562-160-05 and 562-170-23). Access shall be memorialized through an agreement, easement, or similar instrument to the satisfaction of the City Attorney. BE IT FURTHER RESOLVED by the City Council as follows: 1. 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. 4. That the right-of-way to be vacated is not needed for present or future public transportation uses, because the properties abutting the street under consideration will continue to have access to public streets. Resolution No. 2017 — 8 January 17, 2017 Page Five 5. That while the area to be vacated is not required as a non -motorized transportation facility for pedestrians, bicyclists, or equestrians, adjacent streets will allow for the same through travel. 6. That the vacation of the proposed segment of right-of-way is consistent with the City's General Plan, because as the street in this area is not an arterial or collector street, and because access to existing utilities will continue to be provided. 7. That, once the Order of Vacation is executed, 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 Order of Vacation is executed, the above -described portion of public right-of-way will no longer constitute a street, except as reserved and excepted herein. PASSED and ADOPTED this 17th day of Janua ATTEST: Mic ael R. Dalla, City Clerk APPROVED AS TO FORM: �_c George H. Eiser, Ill Interim City Attorney 17. Morrison, Mayor Passed and adopted by the Council of the City of National City, California, on January 17, 2017 by the following vote, to -wit: Ayes: Councilmembers Cano, Mendivil, Morrison, Rios. Nays: Councilmember Sotelo-Solis. Absent: None. Abstain: None. AUTHENTICATED BY: RON MORRISON Mayor of the City of National City, California htz)41 A' 4 City CI iof 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. 2017-8 of the City of National City, California, passed and adopted by the Council of said City on January 17, 2017. City Clerk of the City of National City, California By: Deputy