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Home My WebLink About2007-005 RESOLUTION NO. 2007-005 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ATASCADERO SUMMARILY VACATING AN UNIMPROVED PORTION OF EAST FRONT ROAD PURSUANT TO PART 3, CHAPTER 4, ARTICLE 2, SECTION 8335 OF THE CALIFORNIA STREETS AND HIGHWAYS CODE (ROAD ABANDONMENT 2006-0017) WHEREAS, Ted and Iris Jacobson 8055 Cristobal Ave., Atascadero, CA 93422 (Owners), J.P. Patel, 580 Garcia Road, Atascadero, CA 93422 (Applicant) applied to abandon an approximate 0.12 acre portion of East Front Street, Portion of Lot 3 created by C.C.O.R. 98- 010763, City of Atascadero, County of San Luis Obispo, State of California and filed for record on October 21, 1914 in Book 3AC at Page 8 of Maps; and WHEREAS, the current General Plan Designation and Zoning Designation is right-of- way; 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 alley, as shown on the attached Exhibit A, has never been improved and 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; and, WHEREAS, the abandoned portion of the road will become a part of the adjacent property currently zoned Commercial Tourist; and, WHEREAS,the Planning Commission held a duly noticed public hearing to consider the proposed Road Abandonment on January 16, 2007 at 7:00 p.m. and considered testimony, reports from staff, the applicants, and the public; and WHEREAS, the Planning Commission, on a 6:0 vote, recommends that the City Council summarily vacate the alley as depicted in Exhibit A and B below, and require applicant to pay for the undeveloped portion of East Front Road right-of-way. WNW Resolution No. 2007-005 City of Atascadero Page 2 of 6 NOW, THEREFORE,the City Council takes the following actions: SECTION 1. Environmental Review. The City Council finds that the proposed right-of- way abandonment is exempt from CEQA review per section 15305: Minor Alterations in Land Use Limitations. SECTION 2. Findings of Approval. The City Council finds as follows: 1. The proposed project is consistent with the General Plan. 2. The portion of right-of-way is summarily vacated pursuant to Part 3, Chapter 4, Article 2, Section 8335 of the California Streets and Highways Code. 3. The alley summarily vacated is as shown on Exhibits A and B, attached hereto and incorporated herein. 4. The portion of East Front Road right-of-way has been impassable for vehicular travel for a period of five consecutive years and no public money has been expended for maintenance on the right-of-way during such period. 5. Recordation of this Resolution of Vacation conditionally releases the City of Atascadero's interests in the Alley as shown on Exhibits A and B, attached hereto and incorporated herein. am am Resolution No. 2007-005 City of Atascadero Page 3 of 6 BE IT FURTHER RESOLVED, that the City Council approves Road Abandonment 2006- 0017 as shown on Exhibits A and B and subject to Conditions of Approval contained in Exhibit C. On motion by Council Member O'Malley and seconded by Council Member Clay, the foregoing resolution is hereby adopted in its entirety by the following roll call vote: AYES: Councilmember Beraud, Brennler, Clay, O'Malley and Mayor Luna NOES: None ABSENT: None ADOPTED: February 13, 2007 CITY OF ATASCADERO, CA Pyr. George Luna Mayor ATTEST: Marcia McClure Torgerson, C.M.C. City Clerk `'` APPROVTD AS TO FORM: Patrick L. Enri City Attorney aw Resolution No. 2007-005 City of Atascadero Page 4 of 6 Exhibit A: Road Abandonment Map RAS 2006-0017 NOW -- -------- EASr FRONT t_ -----..... _-- �P I 1 -i m o cn c O —� O n O ;'U c) {c' ._.dl.- C D o m f}! m D m m � D m Z 0 r ? z r � m 0 # rs N d s# N -- ILL 1_1_1_h -- , i # f i j 3 1 i m � # # y Z I #" t.�i...li....i....s...i..JW«a i._L_.,.._i_::_ s I I # n it r EL CAMINO REAL i1Y111 Resolution No. 2007-005 City of Atascadero Page 5 of 6 Exhibit B: Road Abandonment Map ear RAB 2006-0017 ��EXISTING R/W BEYOND PROJECT P/L I I ( I „ f PROPOSED AREA OF R/W ABANDONED I ! (5230 SQUARE FEET, 0.12 AC) PER FUTURE AGREEMENT WITH CITY z s Ea c c C c t b I NO I Lu N j I� W I. 3' 206.6' i PROPOSED ATASCADERO HOTEL 4 STORY .' .0 FF = 921.70 � OLD R/W PRIOR TO AGREEMENT WITH CITY I d Y t I 13I NEW PROPERTY LINE f 3 NEW R/W AT BACK OF SIDEWALK PER I crf AGREEMENT WITH CITY Resolution No. 2007-005 City of Atascadero Page 6 of 6 Exhibit C: Conditions of Approval RAB 2006-0017 acct ENGINEERING CONDITIONS: 1. Prior to City Council approval of the road abandonment, the applicant shall have the application reviewed by all applicable public and private utility companies (cable, telephone, gas, electric, and Atascadero Mutual Water Company). The applicant shall obtain a letter from each utility company which indicates their review of the application. The letter shall identify any new easements which may be required by the utility company. A copy of the letter shall be submitted to the City. New easements shall be recorded prior to or concurrently with the road abandonment. 2. The Applicant/Owners shall pay all plan check and right-of-way abandonment costs including but not limited to a fair market appraisal, any real estate transaction fees and the cost of the land. 3. The applicant shall submit a Final Parcel Map, per the requirements of the Subdivision Map Act and California Streets and Highway Code, merging the abandoned Right-of- Way and the existing parcel. The Final Parcel Map shall be submitted after City Council approval of the conditional Right-of-Way Abandonment. 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. 4. The applicant shall submit a building permit application and obtain a building permit for a hotel concurrently with Final Map recordation. The Final Map shall be recorded concurrently with building permit issuance.