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Home My WebLink AboutCC RESO 2019-1370 RESOLUTION NO. 2019 —137 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE EXECUTION OF AN ORDER OF VACATION OF A PORTION OF ALLEY NORTH OF EAST 12TH STREET EAST OF NATIONAL CITY BOULEVARD FOR INSTALLATION OF UTILITIES RELATED TO AN APPROVED AFFORDABLE HOUSING PROJECT APPLICANT: AMG & ASSOCIATES, LLC WHEREAS, application was made requesting to vacate and close 20 feet by 100 feet of alley north of East 12th Street and east of National City Blvd. for installation of utilities related to an approved affordable housing project, in the City of National City, County of San Diego, State of California; and WHEREAS, S, n August 6, 2019, the City Council of the City of National City conducted a hearing and initiated said vacation and closure of 20 feet by 100 feet of alley north of East 12th Street and east of National City Blvd. for installation of utilities related to an approved affordable housing project; and WHEREAS, E S, n August 19, 2019, the Planning Commission f the City of National City considered the proposed vacation and closure, and found and determined that the vacation and closure of 20 feet by 100 feet of alley north of East 12th Street and east of National City Blvd. for installation of utilities related to an approved affordable housing project conforms with the City's adopted General Plan; and WHEREAS, E S, 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, S, a public hearing was held on October 1, 2019 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 of the City of National City 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 alley as an arterial or collector street. Resolution luti . 2019 - 137 Page Two 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 findings: 1. The alley to be vacated is not designated as a road or street in the Circulation Element of the General Plan. 2. That the vacation will facilitate an approved 131-unit residential project that is consistent with both San Diego Association of Governments (SANDAG) and General Plan policy as contained in the Housing Element, which encourages matching housing supply with need and maximizing i in housing choice throughout the community. 3. That relocation of the utilities through vacation of the alley will be consistent with General Plan policies LU-7.1 and LU-.6 related to development of vacant and underutilized parcels. BE IT FURTHER RESOLVED that the street vacation is approved subject to the following conditions: General 1. This Street Closure authorizes the vacation of 20 feet by 100 feet of the alley north of East 12th Street between National City Blvd. and "A" Avenue. Except as required by conditions of approval, all plans submitted for permits associated with the project shall conform to Exhibit A, Case File No. 2019-08 SC dated 811412019. 2. Whirr four 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. 3. The City shall reserve easements for all existing and proposed utilities located in the alley area prior to the vacation of the alley. 4. The City shall reserve an access easement for the respective land owners having underlying fee title to the vacated property that guarantees both parties equal access to the entire area to be vacated. The easement shall be in place prior to the vacation of the alley. • • • • • • • Resolution No. 2019 137 Page Three 5, The City shall reserve easement and right-of-way for SDG&E to erect, construct, change the size of, improve, reconstruct, relocate, repair, remove, maintain and use facilities consisting of underground electric facilities, communication facilities and all appurtenances for the transmission and distribution of electricity and for pipelines and appurtenances, together with the right of ingress thereto and egress therefrom over said easement and over other practical routes. No building or other structure, including fences, shall be permitted within the easement without SDG&E's prior written consent. SDG&E's prior written consent shall be required before planting any trees or increasing/decreasing the ground elevation within the easement. The easement shall be in place prior to the vacation of the alley. 6. Maintenance of the area of the alley to be vacated, after the project commonly referred to as the Courtyards at Kimball has been completed and the alley has been vacated, shall be the responsibility of the owners of the property located at 1145 National City Blvd. in that they will be the only users of the property. While the applicant will have right of access to the alley area, it is not expected that regular access will be necessary, but that any damage incurred as a result of said access will be repaired or compensation provided to the maintenance provider. 7. Access to the existing trash enclosure on the property located at 1145 National City Blvd. shall be maintained. In the event that EDCO requires (in writing) reconfiguration of the trash disposal facilities on the property, the current or future owners of the project commonly referred to as the Courtyards at Kimball shall pay all necessary costs related to said reconfiguration. BE IT FURTHER ESOLVEL 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 -ray. 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. 3. 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. , That the area to be vacated is not required as a non -motorized transportation facility for pedestrians, bicyclists, or equestrians. Resolution No. 2019 137 Page Four 5. That the vacation of the proposed segment of right-of-way is consistent with the City's General Plan, because as the alley in this area is not an arterial or collector street. 6. 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. 7. 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 ist day of'Oct -Aft /Aio Alejandra Sotelo-Solis, Mayor ATTEST: p`1 Michael R. Dalla City Clerk APPROVED AS TO FORM: Passed and adopted by the Council of the City of National City, California, on October 1, 2019 by the following vote, to -wit: Ayes: Councilmembers Morrison, Quintero, Rios, otelo-Solis. Nays: None. Absent: Cano. Abstain: None. AUTHENTICATED BY: ALEJANDRA SOTELO-SOLIS Mayor of the City of National City►, California City Clerk of the City of National City, California By: I HEREBY EBY CERTIFY that the above and foregoing is a full, true and correct copy of RESOLUTION LUTION NO. 2019-137 of the City of National City, California, passed and adopted by the Council of said City on October 1, 2019. City Clerk of the City of National City, California By: Deputy CALIFORNIA V P O D ORDER OF VACATION The City of National City, by authority of Resolution No. 2019 - 137 duly adopted on October 1, 2019 by the City Council of the City of National City, hereby orders the vacation of 20 feet by 100 feet of alley north of East 1 m Street and east of National City Blvd. for installation of utilities related to an approved affordable housing project, more particularly described in Exhibit "Al', attached hereto. Executed this '1st day of October 20 ALEJAND'A SOTELO-SOLIS, MAYOR re'l MICHAEL . G+ALLA, CITY CLERK i 1ELEVENTH - - 0 Area of alleyway to be vacated TWELVETH EXHIBIT "A" i i i i ss s6 SEE DETAIL "A" IMOD