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HomeMy WebLinkAboutPC Reso 2020-08, CDP Harrison Ave., Case File No. 2020-09CDP ATTACHMENT 6 RESOLUTION NO. 2020-08 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NATIONAL CITY, CALIFORNIA, APPROVING A COASTAL DEVELOPMENT PERMIT FOR THE PROPOSED 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 IN THE COASTAL ZONE. APPLICANT: CHARLES KELTNER FOR BURLINGTON NORTHERN AND SANTA FE (BNSF) RAILWAY COMPANY CASE FILE NO. 2020-09 CDP WHEREAS, the Planning Commission of the City of National City considered a Coastal Development Permit for the proposed 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 in the Coastal Zone , at a duly advertised public hearing held on October 19, 2020, at which time oral and documentary evidence was presented; and, WHEREAS, at said public hearings the Planning Commission considered the staff report contained in Case File No. 2020-09 CDP 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 granting of this Coastal Development Permit is consistent with all other City plans and ordinances, since the project complies with applicable Land Use Code requirements, and since the industrial use involved in the project is identified by the General Plan as an appropriate use in the project area. Furthermore, the vacation conforms to two General Plan policies as considered and adopted by the Planning Commission under File No. 2020 -09 SC. 2. That the granting of this Coastal Development Permit is consistent with and implements the Certified Local Coastal Program, since the Local Coastal Plan identifies industrial businesses as permitted uses within Subarea I of the Local Coastal Plan, since the proposed street vacation does not conflict with any policies or goals of the Local Coastal Plan, and since no existing or proposed coastal access will be affected. BE IT FURTHER RESOLVED that the application for Coastal Development Permit is approved 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 Coastal Development Permit shall not become effective without approval of the associated Street Closure 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, communicat ion 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. 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