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HomeMy WebLinkAboutPC Reso No. 2020-09 - Street Vacation, Case File No. 2020-09SCRESOLUTION NO. 2020-09 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NATIONAL CITY, CALIFORNIA, FINDING THE VACATION OF A PORTION OF HARRISON AVENUE BETWEEN WEST 18TH AND 19TH STREETS, AND THE WESTERLY 40 FEET OF WEST 18TH STREET NORTH OF HARRISON AVENUE FOR CONFORMANCE WITH THE GENERAL PLAN. APPLICANT: CHARLES KELTNER FOR BURLINGTON NORTHERN AND SANTA FE (BNSF) RAILWAY COMPANY CASE FILE NO. 2020-09 SC WHEREAS, the Planning Commission of the City of National City considered the vacation of a portion of Harrison Avenue between West 18 th and 19th streets, and the westerly 40 feet of West 18th Street north of Harrison Avenue for conformance with the General Plan at a hearing held on October 19, 2020, at which time oral and documentary evidence was presented; and, WHEREAS, at said hearing the Planning Commission considered the staff report contained in Case File No. 2020-09 SC maintained by the City and incorporated herein by reference along with evidence and testimony at said hearing; and, WHEREAS, this action is taken pursuant to all applicable procedures required by State law and City law; and, WHEREAS, the action recited herein is found to be essential for the preservation of public health, safety, and general welfare. NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of National City, California, that the testimony and evidence presented to the Planning Commission at the public hearing held on October 19, 2020, support the following findings: 1. That the street vacation as described on the attached plans is in compliance with the National City General Plan, since the portion of right-of-way to be vacated does not serve to provide any motorized or non -motorized access that will not otherwise be maintained. 2. That this portion of Harrison Avenue and West 18th Street is not identified as a road or street in the Circulation Element of the General Plan. BE IT FURTHER RESOLVED that the application for Street Vacation, if approved, is subject to the following conditions: 1. This Street Closure authorizes the vacation of 40 feet by 250 feet of Harrison Avenue north of West 19th Street and the westerly 40 feet of West 18th Street directly abutting the subject segment of Harrison Avenue being vacated. Except as required by conditions of approval, all plans submitted for permits associated with the project shall conform to Exhibit A, Case File No. 2020-09 SC dated 9/16/2020. 2. This Street Closure shall not become effective without approval of Coastal Development Permit 2020-09 CDP. 3. 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. 4. The City shall reserve easements for all existing and proposed utilities located in the alley area prior to the vacation of the alley. 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 distr ibution 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. The City shall reserve easement and right -of-way for Pacific Bell Telephone Company dba AT&T California as it may from time to time require to construct, reconstruct and maintain (place, operate, inspect, repair, replace and remove) such aerial communications, facilities (including ingress thereto and egress therefrom) consisting of poles, anchors, guys, wires, cables, crossarms, terminals, terminal equipment cabinets, service boxes, associated electrical conductor, and necessary fixtures and appurtenances. 7. The entire roadway are being vacated and the adjacent lots shall be kept free of tall weeds and debris per National City Municipal Code section 9.12.020 – Weeds growing or located upon public streets, sidewalks, or private property to be a public nuisance pursuant to National City Municipal Code. Approval for final sign-off shall be contingent upon final field inspection and compliance with all applicable codes