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HomeMy WebLinkAboutResolution 2003-069 RESOLUTION NO. 2003-069 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ATASCADERO GRANTING A SUMMARY VACATION OF A PORTION OF ENCINO AVENUE (RAB 2003-0012) PURSUANT TO SECTION 8331 OF THE CALIFORNIA STREETS AND HIGHWAYS CODE (Don Messer) WHEREAS, an application has been received from Don Messer, PO Box 1958, Atascadero, CA 93423 (Applicant) and J. Michael Finch, 6445 N. Palm Avenue, Suite 101, Fresno, CA 93704 (Property Owner), to consider Road Abandonment 2003-0012 and Tentative Tract Map 2003-0029, allowing the six existing Colony lots of record located between Encino Avenue and Atajo Avenue, APN 031-091-005, 006, 008, 009, 031-092-016; and, WHEREAS, an Initial Study and Draft Mitigated Negative Declaration 2003-0044 were prepared for the project and made available for public review in accordance with the requirements of the California Environmental Quality Act (CEQA); and, WHEREAS, the site's General Plan Designation is SFR-Z (Single-Family Residential 1.5 —2.5 acre minimum lot size); and, WHEREAS, the Circulation Element of the General Plan designates Encino Avenue as a local street; and, WHEREAS, the site's Zoning District is RSF- Z (Residential Single-Family 1.5 — 2.5 acre minimum lot size); and, WHEREAS, the portion of the Encino 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, a timely and properly noticed Public Hearing upon the subject applications was held by the Planning Commission of the City of Atascadero at which hearing evidence, oral and documentary, was admitted on behalf of said projects; and, WHEREAS, the Planning Commission of the City of Atascadero, at a Public Hearing held on September 16, 2003 referred the project back to staff for additional information; and, WHEREAS, the Planning Commission of the City of Atascadero, at a Public Hearing held on October 7, 2003, studied and considered RAB 2003-0012, after first studying and considering the Draft Mitigated Negative Declaration prepared for the project; and, City of Atascadero Resolution No.2003-069 Page 2 of 3 WHEREAS, the Atascadero City Council, at a Public Hearing held on November 25, 2003, studied and considered RAB 2003-0012, after first studying and considering the Draft Mitigated Negative Declaration prepared for the project, NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Atascadero, to take the following actions: SECTION 1. FINDINGS OF APPROVAL 1. The proposed road abandonment is consistent with the General Plan policy of minimizing grading and protecting native oak trees. 2. The portion of Encino Avenue proposed for abandonment 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. 3. The project will provide an emergency access connection between Encino Avenue and Atajo Avenue that will mitigate any impacts to public safety created by the abandonment. SECTION 2. APPROVAL In a regular session assembled on November 25, 2003 Road Abandonment 2003-0012 is approved, subject to the following: Exhibit A: Road Abandonment Diagram On motion by Council Member Scalise and seconded by Council Member O'Malley, the foregoing Resolution is hereby adopted in its entirety on the following roll call vote: AYES: Council Members O'Malley, Scalise and Mayor Clay NOES: Council Members Luna and Pacas ABSENT: None ADOPTED: November 25, 2003 CI'T'Y OF ATAS AD By: 41 JL. ay, Sr.,Mayor ATTEST: kU0,411— / v` Marcia McClure Torgerson,C.M.C.,C y Clerk APP VED AS TO ORM: Roy anley,City Atto y City oAtascdm Resolution No.2003-069 Page 3o 3 Exm■t� aRoad Abandonment Diagram RA■20.01■ . . pit § | ! (lilt � ■ � � � � $ § � ■ � � . . \\ U j \ m r 04 & : _ Ln \ _ 2 • .� � . < .