HomeMy WebLinkAboutCC 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