The URL can be used to link to this page

Home My WebLink AboutResolution 2013-054 RESOLUTION NO. 2013-054 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ATASCADERO APPROVING .ROAD ABANDONMENT 2013-0020 TO SUMMARILY VACATE PORTIONS OF: EL CAMINO REAL,, AND ATASCADERO MALL AVENUE PURSUANT TO SECTION 5331 OF THE CALIFORNIA STREETS ANIS HIGHWAYS CODE ( Hoff/ Wysong ) WHEREAS, an application was received from Larry M. Wysong, 7025 Morro Road, Atascadero, CA, 93422, (Applicant), and Ben. Hoff LLC, PO Box 928, Atascadero, CA, 93423 (Property Owner) to abandon an approximate 0.11 acre portion of El Camino Real and a 0.24 acre portion of Atascadero Mall Avenue , being portions of Lots 18 and 19, Block H-B, Atascadero Colony Subdivision, City of Atascadero, County of San Luis Obispo, State of California and filed for record on.October 21, 1914 in Book 3 AC at Page 32 of Maps;and WHEREAS, the current General Plan Designation and Zoning Designation is right-of- way; and, WHEREAS, the abandoned portion of the road will become a part of the adjacent property currently zoned Downtown Commercial; and, WHEREAS, the project is in conformance with the Circulation Element of the General Plan and all other applicable General Plan policies; and, WHEREAS, the proposed right-of-way abandonment is exempt from CEQA review per section 15305: Minor Alterations in Land Use Limitations. WHEREAS,the Planning Commission held a duly noticed public hearing to consider the proposed Road Abandonment on June 18, 2013 at 7:00 p.m. and considered testimony, reports from staff,the applicants, and the public and recommended approval; and, WHEREAS, the City Council of the City of Atascadero held a duly noticed public hearing to consider the proposed Road Abandonment on August 13, 2013 at 6:00 p.m. and considered testimony,reports from staff,the applicants,and the public; and, NOW, THEREFORE, the City Council of the City of Atascadero takes the following actions: SECTION 1. Findings of Approval for the Road Abandonment. The City Council finds as follows: 1. The proposed project is consistent with the General Plan. City of Atascadero Resolution No. 2013-054 Page 2 of 7 2. The portions of El Camino Real and Atascadero Mall Avenue right-of-ways proposed to be abandoned have been determined to be excess right-of-way. 3. The portion of El Camino Real right-of-way proposed to be abandoned has been impassable for vehicular travel for a period of five consecutive years and no public money has been expended for maintenance on the street during such period. SECTION 2. Approval. The City Council of the City of Atascadero, in a regular session assembled on August 13, 2013 resolves to approve Road Abandonment 2013-0020 subject to the following: EXHIBIT A: Location Map EXHIBIT B: Road Abandonment Diagram EXHIBIT C: Conditions of Approval SECTION 3: Direction to staff. The Atascadero City Council hereby directs the City Staff to move forward with Roadway Abandonment 2013-0020. City of Atascadero Resolution Pio. 2013-054 Page 3 of 7 On motion by Council Member Kelley and seconded by Council Member Fonzi, the foregoing Resolution is hereby adopted in its entirety on the following roll call vote: AYES: Council Members Fonzi,Kelley,Moreno, Sturtevant and Mayor O'Malley NOES: none ABSENT: none ADOPTED: August 13,2013 CITY OF ATASCADERO ' tiz Tom O'Malle� a or y ATTEST: L ' Marcia McClure Torgerson,C:M.C.,City Jerk APPROVED AS TO FORMI: Brian A. Pierik,City Attorney City of,Atascadero Resolution No. 2013-054 Page 4 of 7 Exhibit A- —Location map RAB 20130020 r ti r ..._ Project Area v a L I Not k. t �v ., za '.x - $x .\cam, '` ., .•c ^ w A City of Atascadero Resolution No. 2013-054 Page 5 of 7 Exhibit B: Road Abandonment diagram i RAB 2013-0020 E } !.. E - x£drs - E F 2 € i ri£3C8 i FSA yys tS i's:. Y: € f f 3 ��. &! � •te Ft $€ tea�s g�&;i£pg�F t kgs" yy ; .� 3 ! 3�i.t3�"$$si`3 @S xi ik _s=x.1-M r hh X14 tS � � •%'_ 3 i i`#p ��' E<�.i.4.H•. y� EYj��r. � W t.., z� '�ix € w F . ' Atascadero Mall a 'q Avenue easement VO 40 4 to be abandoned � �R � �1OV lb 4 F aw } _ Landscape easement to be �tf ` -.._.._ abandoned w h m N to IQ,. v Az ZOVV City of Atascadero Resolution No. 2013-054 Page 6 of 7 Exlsihit C: Conditions of Approval RAS 2013-0020 Conditions of Approval: Timing Responsibility !Monitoring FM;Firol Map PLN 2013-1466 1 RAS 2013-0020 BL:Business License PS:Planning Senoces GP:Grading Per it Bs:BJ(ding Services BP:Building Pemit FD:Fire Depamrent F!:Final Inspecibn PD:Pate Depa"rit TO:Temporary Occupancy CE:City Engineer F0:Final Occupancy M,wastewater CA:City Attoney i City Engineer Conditions 1. Prior to City Council approval of the road abandonment,the applicant shall Prior to CE prepare and record an easement document granting the City of Atascadero Recordation a public vehicular and pedestrian access, storm drain and sanitary sewer easements. The document shall except out the area under the footprint of the proposed building. The easement document shall be accompanied by a legal description and graphical exhibit. The easement document shall be found acceptable to the City Engineer prior to recordation. 2. Prior to City Council approval of the road abandonment,the applicant shall Prior to CE have the application reviewed by all applicable public and private utility Recordation companies (cable,telephone,gas, electric,water,wireless telephone/telecommunications.) The applicant shall obtain a letter from each utility company which indicates their review of the application and any required changes. The letter shall identify any new easements and or abandonments which may be required by the utility company. A copy of the letters shall be submitted to the City. If public or private utilities, sewer, water or storm drain utilities are found to conflict with any proposed building footprint or building appurtenance,the applicant shall relocate the utility at his or her own cost, prior to City Council approval of the road abandonment. New easements shall be recorded prior to City Council approval of the road abandonment.The easement document shall be found acceptable to the City Engineer prior to recordation. 3. The applicant shall pay all costs for plan check and right-of-way Prior to CE abandonment. Recordation 4. The applicant shall submit a Final Parcel Map, per the requirements of the Prior to CE subdivision Map Act and California Streets and Highway Code, merging the Recordation abandoned portion of the Right-of-Way and the existing parcels, and granting any public easements for access,utilities, drainage,water or sewer. The Final Parcel Map shall be submitted after City Council approval of the Right-of-Way abandonment. The Final Map shall be found acceptable to the City Engineer prior to City Council acceptance and approval.The Final Parcel Map shall be in substantial conformance with the City Council's action and shall be approved by the City Council prior to recordation. 5. The applicant shall submit a tax bond to the City of Atascadero prior to the Prior to CE City Council's approval of the Final Map. Recordation 6. Prior to issuance of building permits, the applicant shall obtain a road BP CE abandonment for the portion of Atascadero Mall Avenue overlying 030-193- 003. The applicant shall grant back to the City a public access easement covering the portion of the lot that will be used for public ingress and City of Atascadero Resolution No. 2013-054 Page 7 of 7 Conditions of Approval: Timing Responsibility /Monitoring FM:Fray Map PLN 2013-14661 RA6 2013-0020 BL:Business License PS:Planning Services GP:Grading Permit BS:Building Services BP:Building Permit FD:Fire Department Fl:Final Inspeclion PD:Police Department TO:Temporary Occupancy CE City Engineer i FO:Final Occupancy VM:Wastewater CA:C:q Attorney egress. 7. Prior to issuance of building permits, the applicant shall extinguish 1) an BP CE easement (88-OR-114) for road purposes recorded May 22, 1930, shown on Parcel Map CO-68-61, and 2)a landscape easement granted to the City of Atascadero. The applicant shall grant back to the City a public access easement covering the portion of the road easement that will be used for public ingress and egress. 8. Prior to issuance of building permits,the applicant shall file for and obtain a BP CE lot merger for all parcels affected by the project. i