HomeMy WebLinkAboutResolution 2003-014 RESOLUTION NO. 2003-014
A RESOLUTION ATASCADERO CITY COUNCIL APPROVING
SUMMARILY VACATION OF A PORTION OF LAS LOMAS AVENUE
PURSUANT TO SECTION 8331 OF THE CALIFORNIA
STREETS AND HIGHWAYS CODE, RAB 2002-0011
(9500 Las Lomas Avenue/Hendrix)
WHEREAS, an application has been received from Rex Hendrix (PO Box 6062,
Atascadero, CA 93423) Applicant and Property Owner has applied for a Road Abandonment
to abandon a portion of the Las Lomas Avenue Road right-of-way; and
WHEREAS, the proposed project area has a General Plan Designation of High
Density Residential and the project is in conformance with the Circulation Element of the
General Plan and all other applicable General Plan policies; and
WHEREAS, the portion of the Las Lomas Avenue right-of way, as shown on the
attached Exhibit A, has been 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 Planning Commission held a duly noticed public hearing to consider
the proposed Road Abandonment on March 4, 2003 at 7:00 p.m. and considered testimony
and reports from staff, the applicants, and the public;
WHEREAS, the Planning Commission of the City of Atascadero, at a Public Hearing
held on March 4, 2003, studied and considered Road Abandonment 2002-0011, after first
studying and considering the Draft Mitigated Negative Declaration prepared for the project,
and,
NOW, THEREFORE, the City Council takes the following actions:
SECTION 1. Findings for Approval of a Road Abandonment. The City Council
finds as follows:
1. The proposed project is consistent with the General Plan.
2. The 10-foot wide strip along the west side of Las Lomas 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.
SECTION 2. Approval. The Atascadero City Council, in a regular session
assembled on March 25, 2003, resolved to approve Road Abandonment 2002-0011 as shown
on Exhibit A and subject to the following:
City of Atascadero
Resolution No.2003-014
Page 2 of 4
1. EXHIBIT A: CONDITIONS OF APPROVAL
2. EXHIBIT B: SITE PLAN
On motion by Council Member O'Malley, and seconded by Council Member Luna the
foregoing Resolution is hereby adopted following roll call vote:
AYES: Council Members Luna, O'Malley, Scalise and Mayor Clay
NOES: Council Member Pacas
ABSENT: None
ABSTAIN: None
ADOPTED: March 25, 2003
B
J ry L. C y, S ., Mayor
Attest:
Marcia McClure Torgerson, City C k
Approved as to form:
Roy . Hanley, City Atto ey
City of Atascadero
Resolution No.2003-014
Page 3 of 4
Exhibit A
Site Plan-Road Abandonment 2002-0011
Las Lomas Avenue Colony Right-of-way
Westland Engineering
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City of Atascadero
Resolution No.2003-014
Page 4 of 4
Exhibit B-Condition of Approval
Road Abandonment 2002-0011
Conditions of Approval
Las Lomas Avenue Colony Right-of-way
Westland Engineering
ENGINEERING CONDITIONS: Prior to approving the road 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 requires 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.