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Home My WebLink AboutCC RESO 2017-150RESOLUTION NO. 2017 — 150 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE EXECUTION OF AN ORDER OF VACATION OF A PORTION OF UNDEVELOPED "M" AVENUE BETWEEN EAST 16' STREET AND EAST 14' STREET EFFECTIVE UPON FULFILLMENT OF THE CONDITION OF ACQUIRING PROJECT APPROVAL WHEREAS, application was made requesting to vacate and close 60 feet by 451 feet of "M" Avenue north of East 16" Street; and WHEREAS, on April 3, 2017, the City Council of the City of National City conducted a hearing and initiated said vacation and closure of 60 feet by 451 feet of "M" Avenue north of East 16" Street; and WHEREAS, on June 5, 2017, 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 60 feet by 451 feet of "M" Avenue north of East 16' 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, a public hearing was held on August 1, 2017 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 undeveloped "M" Avenue between East 16" Street and East 14" Street as an arterial or collector street; and WHEREAS, during the August 1, 2017 public hearing the National School District expressed no opposition to the vacation as long as the housing development project approval is acquired prior to closure, and that the development does not result in any cost to the District. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of National City that it hereby approves said street vacation based on the following finding: 1. That the Street Vacation as described in Case File No. 2017-04 SC is not necessary for present and prospective public use, because the portion of "M" Avenue to be vacated is an undeveloped "paper street" that does not serve to provide any motorized or non - motorized access. In addition, the street is not identified as a road or street in the Circulation Element of the General Plan. BE IT FURTHER RESOLVED that the street vacation is approved subject to the following conditions: Resolution No. 2017 — 150 Page Two General 1. This Street Closure authorizes the vacation of 60 feet by 451 feet of "M" Avenue north of East 16'h Street. Except as required by conditions of approval, all plans submitted for permits associated with the project shall conform to Exhibit "A", Case File No. 2017-04 SC dated April 5, 2017, and Exhibit "B", Case File No. 2017-04 SC dated May 9, 2017. 2. Within four (4) days of approval, pursuant to Fish and Game Code Section 711.4 and the California Code of Regulations, Title 14, Section 753.5, the applicant shall pay all necessary environmental filing fees to the San Diego County Clerk. Checks shall be made payable to the County Clerk and submitted to the National City Planning Department. Sweetwater Authority 3. In accordance with current Sweetwater Authority Design Standards and the Standard Specifications for Construction of Water Facilities, water service must be provided from an Authority -owned water main located within the right-of-way or an Authority -owned easement. Following vacation of the undeveloped portion of "M" Avenue, all water to serve the conceptual site shall be required to be obtained from an existing 16" PVC water main located within the right-of-way on East 16th Street. BE IT FURTHER RESOLVED by the City Council as follows: 1. That the Mayor and City Clerk are respectively authorized and directed, upon fulfillment of the condition of acquiring project approval, 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. 5. That the area to be vacated is not required as a non -motorized transportation facility for pedestrians, bicyclists, or equestrians. 6. That the vacation of the proposed segment of right-of-way is consistent with the City's General Plan because the street in this area is not an arterial or collector street. 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 the 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. Resolution No. 2017 — 150 Page Three PASSED and ADOPTED this 1 Si day of August, 2 on Morrison, Mayor ATTEST: ihael R. DallaCit M APPROVED AS TO FORM: Passed and adopted by the Council of the City of National City, California, on August 1, 2017 by the following vote, to -wit: Ayes: Councilmembers Cano, Mendivil, Morrison, Rios, Sotelo-Solis. Nays: None. Absent: None. Abstain: None. AUTHENTICATED BY: RON MORRISON Mayor of the City of National City, California N 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. 2017-150 of the City of National City, California, passed and adopted by the Council of said City on August 1, 2017. City Clerk of the City of National City, California By: Deputy EXHIBIT "A" LEGEND AMR WE I MORAY WE - AE1uCENT fROFH r I I VACATEDAIES 1 IOTA UST.CAOSTFL gs.60 ears 27221 S F. I I 1 II II t I I WSII11STARCAPRAI.II.0 13419S F. *1 I I 1 I I 1 It I iNTe 21,1201001121SMC1 13342 S.F. !I emrveSTO M. 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