HomeMy WebLinkAbout2007-087 RESOLUTION 2007-087
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ATASCADERO, CALIFORNIA, APPROVING ROAD ABANDONMENT
2007-0018 TO SUMMARILY VACATE A PORTION OF MARCHANT
AVENUE PURSUANT TO SECTION 8331 OF THE CALIFORNIA
STREETS AND HIGHWAYS CODE
(GIESSINGER)
WHEREAS, An application has been received from Donald A. Giessinger (PO Box 791,
Atascadero, CA 93423), Owner/ Applicant, to consider a request to abandon an approximately
4,130 square-foot portion of Marchant Avenue with an associated Lot Line Adjustment; 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 Commercial Tourist; and,
WHEREAS, the project is in conformance with the Circulation Element of the General
Plan and all other applicable General Plan policies; and,
taw WHEREAS, the proposed right-of-way abandonment is exempt from CEQA review per
section 15305: Minor Alterations in Land Use Limitations; and,
WHEREAS, the Planning Commission held a duly noticed public hearing to consider the
proposed Road Abandonment on September 18, 2007 at 7:00 p.m. and considered testimony,
reports from staff, the applicants, and the public; and,
WHEREAS, the City Council of the City of Atascadero, at a Public Hearing held on
October 9, 2007 studied and considered Road Abandonment 2007-0018, 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.
2. The portion of Marchant Avenue 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.
City of Atascadero
Resolution No. 2007-087
Page 2 of 5
SECTION 2. Approval. The City Council of the City of Atascadero, in a regular
r session assembled on October 9, 2007 resolved to approve Road Abandonment 2007-0018
subject to the following:
EXHIBIT A: Zoning and Location Map
EXHIBIT B: Road Abandonment Diagram
EXHIBIT C: Conditions of Approval
On motion by Council Member O'Malley and seconded by Council Member Clay, the
foregoing Resolution is hereby adopted in its entirety on the following roll call vote:
AYES: Council Members Beraud, Clay, O'Malley and Mayor Luna
NOES: Council Member Brennler
ABSENT: None
ADOPTED: October 9, 2007
CITY ATASCADERO
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.. Dr. Ge rge Luna, Mayor
ATTEST:
Marcia McClure Torgerson, C.M.C., ty Clerk
APPROVED AS TO FORM:
Rob Schultz, Interi 0y Attorney
City of Atascadero
Resolution No. 2007-087
Page 3 of 5
Exhibit A:Zoning and Location Map
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Project Area
6305 Morro Rd.
(GC)General Commercial
(CT)Commercial Tourist F, 'II
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Surrounding Land Use and Setting:
North: Highway 101 East: Residential Multi-Family— 10 (RMF-10)
South: Commercial Tourist (CT) West: Commercial Tourist (CT)
City of Atascadero
Resolution No. 2007-087
Page 4 of 5
Exhibit B: Road Abandonment Diagram
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City of Atascadero
Resolution No. 2007-087
Page 5 of 5
Exhibit C:Conditions of Approval
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Conditions of Approval Timing Responsibility
/Monitoring
PLN 2007-1200/LLA 2007-0082 PS:Planning Services
BL:Business License BS:Building Services
GP:Grading Permit FD:Fire Department
Address: 6305 Morro Road BP:Building Permit PD:Police Department
FI:Final Inspection CE:City Engineer
TO:Temporary Occupancy WW:Wastewater
F0:Final Occupancy CA:City Attorney
Standard Planning Conditions
1. Prior to City Council approval of the Road Final Map CEPS
Abandonment, the applicant shall have the
application reviewed by all applicable public and
private utility companies (cable, telephone, gas,
electric, 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 shall pay all plan check and right-of- Final Map CEPS
way abandonment costs.
Now 3. The applicant shall submit a Final Parcel Map, per Final Map CEPS
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 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 pay market rate compensation Final Map CEPS
for the portion of land to be abandoned as
determined by a property appraiser.
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