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HomeMy WebLinkAbout2019 CON (STREET VACATION) AMG and Associates,' ',PLEASE COMPLETE THIS INFORMATION RECORDING REQUESTED BY: City of National City 1243 National City Blvd. National City, CA 91950 AND WHEN RECORDED MAIL TO: CITY CLERK OF NATIONAL CITY 1243 National City Blvd. National City, CA 91950 DOC# 2020-0006575 1111111 11111111111111111113111111111111111111111111111111111111111 Jan 07, 2020 10:40 AM OFFICIAL RECORDS Ernest J. Dronenburg, Jr., SAN DIEGO COUNTY RECORDER FEES: $0.00 (SB2 Atkins: $0.00) THIS SPACE FOR RECORDER'S USE ONLY �soLLiT\ot 2oVq - 13-1 VACATION OF A PORTION OF ALLEY NORTH OF E. 12TH STREET EAST OF NATIONAL CITY BOULEVARD PAGES: 9 (Please fill in document title(s) on this line) THIS PAGE ADDED TO PROVIDE ADEQUATE SPACE FOR RECORDING INFORMATION 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, on 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, on August 19, 2019, 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 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, 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 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 No. 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 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-7.6 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 8/14/2019. 2. 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. 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 RESOLVED 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-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. 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. 4. 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 1st day of Oct Alejandra Sotelo-Solis, Mayor ATTEST: '1 Michael R. Dalla City Clerk APPROVED AS TO FORM: . Morris -Jones Attorney 2019-18 SC — 1105 National City Blvd. Per City Council Resolution 2019-137, the following easements shall be reserved prior to vacating the portion of ally north of East 12th Street and east of National City Blvd. 1. An easement and right-of-way for San Diego Gas & Electric ("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. 2. An easement and right of way for adjacent property owners with the right of ingress thereto and egress therefrom over, under, through, and across the easement area for entering their property, for the temporary movement, placement, and operation of vehicles, equipment, and implements required for the installation, maintenance, repair, replacement, and removal of equipment and appurtenances to the buildings and property, and for the maintenance of landscaping items. 3. It shall be the responsibility of the owner of the property located at 1145 National City Boulevard, Assessor Parcel Number 556 554 21 00, to maintain the easement in a safe and clean condition and to promptly make repairs to the structural surface as may be required form time to time, excepting that damage directly caused by adjacent property owners or utility companies shall be made by those responsible for such damage. Page 1 of 1 j +— CALIFORNIA NATIONAL CITy anLy Nf'nn nr�n sTED 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 12th Street and east of National City Blvd. for installation of utilities related to an approved affordable housing project, more particularly described in Exhibit "A", attached hereto. Executed this 1st day of October 20 ALEJANDSOTELO-SOLIS, MAYOR 11 MICHAEL . DALLA, CITY CLERK it 94co ca l0° M ea.5o 45 b ELEVENTH — — S'L +o 3_, 4' 1—BLK-1 /15 5 6 7 9 10 80 yla_ -- oM 15807 139.50 UI 0.87 AC Area of alleyway to be vacated co TWELVETH TWELVETH EXHIBIT "A" 139.50 L2 N IOW TL SEE DETAIL "A" 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, Sotelo-Solis. Nays: None. Absent: Cano. Abstain: None. AUTHENTICATED BY: ALEJANDRA SOTELO-SOLIS Mayor of the City of National City, California MICHAEL R. DALLA 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. 2019-137 of the City of National City, California, passed and adopted by the Council of said City on October 1, 2019. By: City Clerk of the City of National City, California Deputy 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, on 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, on August 19, 2019, 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 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, 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 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 No. 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 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-7.6 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 8/14/2019. 2. 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. 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 RESOLVED 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-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. 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. 4. 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 1st day of Oct Alejandra Sotelo-Solis, Mayor ATTEST: '1 Michael R. Dalla City Clerk APPROVED AS TO FORM: . Morris -Jones Attorney CALIFORNIA - ` ATlIpNAL My e e �— INCORPORATEt J 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 12th Street and east of National City Blvd. for installation of utilities related to an approved affordable housing project, more particularly described in Exhibit "A", attached hereto. Executed this 1st day of October 20 ALEJANDSOTELO-SOLIS, MAYOR MICHAEL . DALLA, CITY CLERK I $ ELEVENTH - - 0 ao TWELVETH EXHIBIT "A" Ltt g e60 -- r SEE DETAIL "A" 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, Sotelo-Solis. Nays: None. Absent: Cano. Abstain: None. AUTHENTICATED BY: ALEJANDRA SOTELO-SOLIS Mayor of the City of National City, California MICHAEL R. DALLA 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. 2019-137 of the City of National City, California, passed and adopted by the Council of said City on October 1, 2019. By: City Clerk of the City of National City, California Deputy CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT 902-a4,-q- MEETING DATE: October 1, 2019 AGENDA ITEM NO. 15 'EM TITLE: Public Hearing - 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 Blvd. for installation of utilities related to an approved affordable housing project. (Applicant: AMG & Associates, LLC.) (Case File No. 2019-18 SC) PREPARED BY: Martin Reeder, AICP PHONE: 619-336-4313 DEPARTMENT: P APPROVED BY: ing Division EXPLANATION: The City Council initiated the vacation request on August 6, 2019 to vacate a small portion of the easterly half of the alley in this location in order to locate a new electrical transformer. This portion of alley is approximately mid -block between East 11th and 12th streets. The northerly 150 feet of alley was vacated in 2013 as part of an approved 131-unit affordable residential project. After initiation, staff suggested that the remaining alley be vacated in that it no longer serves a public purpose; therefore, this request is for the remaining 100 feet of alley north of East 12th Street. The Planning Commission determined the vacation consistent with the General Plan on August 19, 2019. le attached Background Report describes the proposed vacation in more detail. FINANCIAL STATEMENT: ACCOUNT NO. APPROVED: APPROVED: Finance MIS ENVIRONMENTAL REVIEW: Exempt pursuant to CEQA, Section 15305 Minor Alterations in Land Use Limitations, Class 5. The alley vacation does not result in any changes in land use. ORDINANCE: INTRODUCTION: FINAL ADOPTION: STAFF RECOMMENDATION: Staff concurs with the Planning Commission determination and recommends approval of the alley vacation. BOARD / COMMISSION RECOMMENDATION: The Planning Commission determined the alley vacation request complies with the General Plan. Vote: Ayes - Natividad, Baca, Flores, Sendt, Yamane, DelaPaz Absent - Garcia 4'TTACHMENTS: Background Report 6. Notice of Exemption 2. Recommended Findings & Conditions 7. Planning Commission Resolution No. 2019-16 3. Overhead 8. Public Notice 4. Site Photos 9. Resolution 5. Plat Map 10. Order of Vacation ,ees 774 ae/y-137- BACKGROUND REPORT Staff Recommendation Staff recommends that the City Council approve the alley vacation request. Executive Summary The applicant has proposed to vacate a small portion of the easterly half of the alley in this location in order to locate a new electrical transformer. This portion of alley is approximately mid -block between East 11th and 12th streets. The northerly 150 feet of alley was vacated in 2013 as part of an approved 131-unit affordable residential project. Staff has suggested that the remaining alley be vacated in that it no longer serves a public purpose; therefore, this request is for the remaining 100 feet of alley north of East 12th Street. Adopted in January 2006, the City's Street Vacation Procedures require the City Council to initiate a request to vacate any public streets. The Council initiated the street vacation request on August 6, 2019. Pursuant to the Streets and Highways Code, Section 8313 and the Street Vacation Procedures, the Planning Commission must determine whether a proposed vacation conforms to the General Plan and forward the recommendation to the City Council. Site Characteristics This portion of alley is approximately mid -block between East 11th and 12th streets running south towards City Hall. There is an existing electrical transformer located on East 11th Street, from which an electrical line services the Enterprise Rent-A-Car property via the now -vacated northerly 150 feet of alley. In order to build the approved affordable housing project, the electrical transformer and associated conduit will need to be relocated. Current City policy requires that all electrical transformers serving non-public uses be located on private property. The applicant has been working with the owners of the Enterprise Rent-A-Car property to relocate the transformer, but the owners do not wish to participate, even though the applicant has offered to pay all costs associated with relocation and installation. Proposal In order to allow the project to move forward, the applicant has worked with City staff on a solution for relocation of the electrical service. It was originally suggested that a small portion of the alley be vacated so that a new transformer may be installed. The easterly half of the alley would become part of the applicant's property and they have agreed to allow an easement for electrical service to be provided to the Enterprise property from the transformer, which would be located on their property. While this is not a normal scenario, ATTACHMENT 1 1 the applicant cannot build the project without relocation of the electrical service. Construction of the affordable housing project would meet several City General Plan and Housing Element policies, especially with regard to affordable housing. Seeing that the northerly 150 feet of alley has already been vacated, the remaining alley no longer serves any public purpose. Therefore, staff is suggesting that the remaining alley be vacated. If this occurs, the easterly half of the alley would revert to the underlying property belonging to the applicant, and the westerly half to the owner of the Enterprise - Rent -A -Car property. The applicant has stated that if the remaining alley were to be vacated, they would guarantee continued vehicular access to the rear of the Enterprise property. The area housing the proposed new transformer and associated access would remain on the applicant's property. As such, conditions have been included that will: 1. Reserve an access easement for the respective land owners so that both can access their properties via the alley. 2. Reserve an easement for SDG&E over the entire alley as part of the alley vacation. 3. Establish responsibility for maintenance of the alley after it is vacated. These reservations and responsibilities will be in place before the order to vacate and would thus be guaranteed once the alley is finally vacated. Analysis The street segment proposed to be vacated is an alley and is not designated as a road or street in the Circulation Element of the General Plan. While the alley is currently used for motorized access to the Enterprise property, the access will not change and the applicant (via conditions of approval) will guarantee continued access to the neighboring property for Enterprise Rent-A-Car operations. General Plan Conformance The street segment proposed to be vacated is an alley and is not designated as a road or street in the Circulation Element of the General Plan. In addition, without the transformer relocation, which the alley vacation will facilitate, the project cannot be built. As the Commission will recall, the City has a regional housing needs fulfilment requirement from SANDAG. Not only will this project provide for 131 new housing units, but it will be affordable to a range of family incomes, which is consistent with both SANDAG and General Plan policy as contained in the Housing Element, which focuses on (among other things): 2 • Matching housing supply with need • Maximizing housing choice throughout the community Relocation of the utilities through vacation of the alley will also be consistent with General Plan policies related to Goal LU-7: The efficient use of land and infrastructure (the same as pertinent during the original alley vacation), specifically, the following policies: • Policy LU-7.1: Establish incentives to promote the use and development of vacant infill parcels and the intensification of land uses on underutilized parcels to realize the greatest benefit to the community. • Policy LU-7.6: Support the strategic conversion of certain sections of streets into developable land only where the conversion positively contributes to the redevelopment and revitalization of the area, improves traffic safety, and does not impede emergency access. This is important because the City is almost completely built out, but additional population growth and development still needs to be accommodated. Vacant parcels, underutilized parcels, and existing vacant buildings are the most logical locations to direct future development. Planning Commission hearing Planning Commission held a hearing on August 19, 2019 and determined that the Street Vacation was in conformance with the National City General Plan (Circulation Element). Summary The General Plan Circulation Element does not identify the area as a road or street. The proposed street vacation does not conflict with the policies and goals of the General Plan. Furthermore, the vacation would promote a more comprehensive project that is consistent with the Housing Element. Options 1. Approve 2019-18 SC based on attached findings or other findings as determined by the City Council, subject to the attached conditions and authorize vacation of the remaining alley; or 2. Deny 2019-18 SC based on findings as determined by the City Council; or, 3. Continue the item for additional information. 3 RECOMMENDED FINDINGS OF APPROVAL 2019-08 SC — Alley vacation north of East 12th Street 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 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-7.6 related to development of vacant and underutilized parcels. ATTACHMENT 2 4 RECOMMENDED CONDITIONS OF APPROVAL 2019-08 SC — Alley vacation north of East 12th Street 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 8/14/2019. 2. 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. 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. 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 5 owners of the project commonly referred to as the Courtyards at Kimball shall pay all necessary costs related to said reconfiguration. 6 2019-18 SC — Alley vacation north of East 12th Street — Overhead Alley vacated in 2013 (northerly 150 feet) Area of alley proposed to be vacated (southerly 100 feet) ATTACHMENT 3 2019-18 SC —Alley vacation north of East 12th Street — Site photos Alley looking north from East 12th Street ATTACHMENT 4 8 Alley looking south from mid -block Approximate location of new transformer and access clearance area 9 w <I JI <1 zi <I Zi I 1-•I UI QI z 01 —I <I ZI o I40 80.40 45 10 N 7N 8N_ I o sa.50 II 4 2 ELEVENTH - - -- -- -Sfio r-S1- - __10 20)6 0 7 9 10 1 �.. 5807 13950 ( WI N J 10 0.87 AC a) TWELVETH ATTACHMENT 5 17.50 rs • • • • M15807 139.50 a�s8'E SEE DETAIL "A" V I 56 I 0 ,•\c)i.j\ NATIONA. ti,c177 re ie ? C68poai�7' CITY OF NATIONAL CITY - PLANNING DIVISION 1243 NATIONAL CITY BLVD., NATIONAL CITY, CA 91950 NOTICE OF EXEMPTION TO: Assessor/Recorder/County Clerk Attn.: Fish and Wildlife Notices 1600 Pacific Highway, Suite 260 San Diego, CA 92101 MS: A-33 Project Title: 2019-18 SC Project Location: Alley north of East 12th Street between National City Blvd. and "A" Avenue, National City, CA 91950 Lead Agency: City of National City Contact Person: Martin Reeder Telephone Number: (619) 336-4313 Description of Nature, Purpose and Beneficiaries of Project: Vacation of 100 feet of alley north of East 12th Street between National City Blvd. and "A" Avenue in association with utility reconfiguration for multi -unit residential project. Applicant: AMG & Associates, LLC 16633 Ventura Blvd, Encino, CA 91436 Telephone Number: (818) 380-2600 Exempt Status: Categorical Exemption. Class 5, Section 15305 (Minor Alterations in Land Use Limitations). The alley vacation does not result in any changes in land use. Reasons why project is exempt: There is no possibility that the proposed vacation will have a significant impact on the environment since the area to be vacated is an undeveloped street right-of-way that is not identified as a major road (arterial or collector) in the Circulation Element of the General Plan, and is not identified for any future street or alley extension in or near the subject area. The property is less than five acres in size and is surrounded by urban development. Date: MARTIN REEDER, AICP - Principal Planner ATTACHMENT 6 RESOLUTION NO. 2019-16 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NATIONAL CITY, CALIFORNIA, FINDING THE VACATION OF A PORTION OF ALLEY NORTH OF EAST 12TH STREET (BETWEEN NATIONAL CITY BLVD. AND "A" AVENUE) FOR INSTALLATION OF UTILITIES RELATED TO AN APPROVED AFFORDABLE HOUSING PROJECT TO BE IN CONFORMANCE WITH THE GENERAL PLAN. CASE FILE NO. 2019-18 SC WHEREAS, the Planning Commission of the City of National City considered the vacation of portion of alley north of East 12th Street (between National City Blvd. and "A" Avenue) for installation of utilities related to an approved affordable housing project for conformance with the General Plan at a hearing held on August 19, 2019, 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. 2019-18 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 August 19, 2019, support 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 housing choice throughout the community. ATTACHMENT 7 3. That relocation of the utilities through vacation of the alley will be consistent with General Plan policies LU-7.1 and LU-7.6 related to development of vacant and underutilized parcels. BE IT FURTHER RESOLVED that the application for Street Vacation, if approved, is 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 8/14/2019. 2. 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. 3. 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. 4. 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. 5. 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. 6. 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) 13 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. NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of National City, California, that the Planning Commission finds the proposed Street Vacation in conformance with the National City General Plan. BE IT FURTHER RESOLVED that copies of this Resolution be transmitted forthwith to the applicant and to the City Council. CERTIFICATION: This certifies that the Resolution was adopted by the Planning Commission at their meeting of August 19, 2019 by the following vote: AYES: Natividad, Baca, Flores, Sendt, Yamane, Dela Paz NAYS: None. ABSENT: Garcia ABSTAIN: None. CHAI RSON 14 CITY OF NATIONAL CITY Office of the City Clerk 1243 National City Blvd., National City, California 91950 619-336-4228 phone / 619-336-4229 fax Michael R. Dalla, CMC - City Clerk NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that the City Council of the City of National City will hold a Public Hearing after the hour of 6:00 p.m., Tuesday, October 1, 2019, in the City Council Chambers, 1243 National City Blvd., National City, CA., to consider: PROPOSED STREET VACATION OF A PORTION OF ALLEY NORTH OF EAST 12TH STREET AND EAST OF NATIONAL CITY BLVD. FOR INSTALLATION OF UTILITIES RELATED TO AN APPROVED AFFORDABLE HOUSING PROJECT Anyone interested in this matter may appear at the above time and place and be heard. If you challenge the nature of the proposed action in court, you may be limited to raising only those issues you or someone else raised at the Public Hearing described in this notice, or in written correspondence delivered to the undersigned, or to the City Council of the City of National City at, or prior to, the Public Hearing. The Planning Commission found the street vacation in conformance with the National City General Plan at their meeting of August 19, 2019 by unanimous vote with one member absent. September 17, 2019 ATTACHMENT 8 Michael R. Dalla, CMC City Clerk 15 RESOLUTION NO. 2019 — 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, on 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, on August 19, 2019, 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 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, 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 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 No. 2019 — 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 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-7.6 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 8/14/2019. 2. 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. 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 — 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 RESOLVED 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-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. 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. 4. That the area to be vacated is not required as a non -motorized transportation facility for pedestrians, bicyclists, or equestrians. Resolution No. 2019 — 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 1st day of October, 2019. Alejandra Sotelo-Solis, Mayor ATTEST: Michael R. Dalla City Clerk APPROVED AS TO FORM: Angil P. Morris -Jones City Attorney ORDER OF VACATION The City of National City, by authority of Resolution No. 2019 - 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 12th Street and east of National City Blvd. for installation of utilities related to an approved affordable housing project, more particularly described in Exhibit "A", attached hereto. Executed this 1st day of October 2019. ALEJANDRA SOTELO-SOLIS, MAYOR MICHAEL R. DALLA, CITY CLERK 80.so 45 / II 46 ki ELEVENTH 0 co or.' M 15B07 139.50 �I 1 1750 • • I ;� >-1I 0.87AC \:. -JI Al 10 \. I: Area of lc: alleyway to be vacated I 4 M 15807 139.50 � � I SEE DETAIL "A" TWELVETN EXHIBIT "A" 56 56 I. CITY OF NATIONAL CITY Office of the City Clerk 1243 National City Blvd., National City, California 91950-4397 619-336-4228 Michael R. Dalla, CMC - City Clerk AMG ASSOCIATES Order of Vacation North East of E. 12th Street East of National City Blvd. AMG Associates retained a copy of the recorded Order of Vacation.