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HomeMy WebLinkAboutReso 1994-17704 NOT APPROVED RESOLUTION NO. 17704 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ORDERING THE VACATION OF A PORTION OF MOSS STREET FROM ITS INTERSECTION WITH NAPLES STREET WESTERLY TO ALPINE AVENUE, NORTH OF NAPLES STREET WHEREAS, Country Club Villa Estates, owner of the triangular piece of property between Moss and Naples Streets westerly of the juncture of those streets has requested that the City vacate the portion of Moss Street between Alpine Avenue and the aforementioned intersection; and, WHEREAS, in accordance with the California Streets and Highways Code, the Council adopted Resolution No. 17681 at its meeting on October 4, 1994, setting the associated public hearing for November 1, 1994; and, WHEREAS, the Resource Conservation Commission considered the Negative Declaration at its meeting of November 22, 1993 and voted 5-0 to accept the Negative Declaration for IS 94-01 (Moss Street Vacation); and, WHEREAS, an Initial Study and Negative Declaration and Addendure to the Negative " Declaration thereon (IS-94-01) of possible significant environmental impacts of the vacation of Moss Street was issued by the Environmental Review Coordinator; and, WHEREAS, at its meeting held September 9, 1993, the Safety Commission approved a staff report by a vote of 6-0 recommending that the street be vacated with three conditions: a. Widen Alpine Avenue between Moss and Naples Streets to 52 feet (curb-to- curb) b. Provide an all-way "STOP" at the intersection c. Prohibit access to Alpine Avenue from applicant's property WHEREAS, at a public hearing held October 27, 1993, the Planning Commission found that the proposed vacation would be consistent with the existing General Plan; however, the Planning Commission recommended on a vote of 6-0-0-1 (Commissioner Fuller abstaining due to a conflict of interest) that the issue of the vacation be considered in conjunction with the proposed development of the property and not separate from it and staff concurs with this requirement; and, WHEREAS, at its meeting held on October 4, 1994, Council adopted Resolution 17681 stating the Council's intent to vacate a portion of Moss Street; and, WHEREAS, in accordance with §8320 of the Streets and Highways Code, the resolution also set November 1,1994 at 6:00 p,m. as the date and time for the public hearing for the Council to consider this matter; and, Resolution No. 17704 Page 2 WHEREAS, notices required by Streets and Highways Code §8323 have been posted; and, WHEREAS, Tuesday, the 1st day of November, 1994 at 6:00 p.m. in the Council Chambers of the City of Chula Vista was fixed as the time and place for hearing any objections to such vacation, and the Council having heard all interested persons, NOW, THEREFORE, the City Council of the City of Chula Vista does hereby find, order, determine and resolve as follows: Section 1. That the proposed Moss Street vacation will have no significant environmental impacts and adopts the Negative Declaration and Addendure to the Negative Declaration issued under IS-94-01 and that the City Council finds that the Negative Declaration on IS-94-01 and Addendure has been prepared in accordance with the requirements of the California Environmental Quality Act, the State EIR Guidelines, and the Environmental Review Procedures of the City of Chula Vista. Section 2. That City Council does hereby order the vacation of the subject portion of Moss Street, more particularly described in Attachment 1, attached hereto and incorporated herein by reference as if set forth in full, with the following conditions: 1. The owner/developer pay the City ~100,000 for the vacated right-of- way, or, at the Council's option, install missing curb and gutter along the north side of Moss Street from Alpine Avenue to Third Avenue or place the ~ 100,000 in the Neighborhood Revitalization Program (NRP) for this area. 2. An all-way stop at the intersection of Naples Street and the portion of Alpine Avenue north of Naples Street. 3. Alpine Avenue north of Naples widened to 52 feet curb-to-curb with dedication of the needed right-of-way. 4. The developer/owner of the triangular parcel install all needed street improvements along the parcel's Alpine Avenue and Naples Street frontages. 5. Retain an easement 20 feet wide for Sweetwater Authority. 6. Restrict access to Alpine Avenue to those locations approved by the City Engineer and Director of Planning. 7. Completion of all discretionary approvals for the development of the parcel. Illf Resolution No. 17704 Page 3 8. If all or part of the small triangle to the south is held to be a public easement, this order of vacation shall have no further force or effect, and be deemed revoked ab initio. Section 3. That the City Council does hereby find that the Negative Declaration IS 94-01 reflects the independent judgment of the City of Chula Vista City Council. Section 4. That the City Clerk is hereby directed to record a certified copy of this resolution with the office of the San Diego County Recorder. Presented by Approved as to form by John P. Lippitt Bruce M. Boogaard Director of Public Works City Attorney .......... T II Resolution No. 17704 Page 4 NOT PASSED, APPROVED and ADOPTED by the City Council of the City of Chula Vista, California, this 22nd day of November, 1994, by the following vote: YES: Councilmembers: Fox, Horton, Moore, Rindone, Nader NOES: Councilmembers: None ABSENT: Councilmembers: None ABSTAIN: Councilmembers: None Shirley Horton Mayor Pro-Tempore ATTEST: Vicki C. Soderquist, Deputy City Clerk