HomeMy WebLinkAboutResolution 2004-013 RESOLUTION NO. 2004-013
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ATASCADERO SUMMARILY VACATING A PORTION
OF VISTA BONITA AVENUE
PURSUANT TO SECTION 8331 OF THE
CALIFORNIA STREETS AND HIGHWAYS CODE
(ROAD ABANDONMENT #2002-0009)
WHEREAS, Michael Frederick, P.O Box 573, Atascadero, California 93423 (Owner /
Applicant), applied for a Road Abandonment to abandon Vista Bonita Avenue right-of-way; and
WHEREAS, the proposed project area has a General Plan Designation of SFR-Y (Single
Family Residential, 1 acre minimum) and the project is in conformance with the Circulation
Element of the General Plan and all other applicable General Plan policies; and
WHEREAS, the Vista Bonita Avenue right-of way, as shown on the attached Exhibit A,
has not been improved 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 December 16, 2003 at 7:00 p.m. and considered testimony and
reports from staff, the applicants, and the public; and,
WHEREAS, the Planning Commission recommends summarily vacating a portion of
Vista Bonita Avenue to the City Council; and,
WHEREAS, the City Council held a duly noticed public hearing to consider the
proposed Road Abandonment on February 24, 2004 at 7:00 p.m. and considered testimony and
reports from the Planning Commission, staff, the applicants,and the public;
NOW,THEREFORE,the City Council takes the following actions:
SECTION 1. Environmental Review. The City Council has certified the proposed
Mitigated Negative Declaration prepared for TPM 2002-0028 and RAB 2002-0009.
SECTION 2. Findings of Ap rp oval. The City Council finds as follows:
1. The proposed project is consistent with the General Plan.
2. Vista Bonita Avenue, proposed to be abandoned, has been not passable 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.2004-013
Page 2 of 4
BE IT FURTHER RESOLVED, that the City Council of the City of Atascadero does
hereby approve Road Abandonment 2002-0009 as shown on Exhibit A and subject to Conditions
of Approval contained in Exhibit B.
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: Council Members Clay O'Malley, and Scalise
NOES: Council Member Pacas, and Mayor Luna
ABSENT: None
ABSTAINED: None
ADOPTED: February 24, 2004
CIT F ATASCADERO, CA
r. Geor e Luna, Mayor
ATTEST:
yAktt�� f
Marcia McClure Torrg�erson, City Clerk
APPROVED AS TO FORM:
L r�, �/"
Roy Y Hanley, City Atto ey
City of Atascadero
Resolution No.2004-013
Page 3 of 4
EXHIBIT A: Vista Bonita Road Abandonment Map
Resolution B
RAB 2002-0008
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City of Atascadero
Resolution No.2004-013
Page 4 of 4
EXHIBIT B: Vista Bonita Road Abandonment Conditions of Approval
Resolution B
RAB 2002-0009
CONDITIONS OF APPROVAL:
1. The a pplicant s hall b e responsible for t he relocation a nd/or a Iteration o f e xisting
utilities within the existing Vista Bonita Avenue right of way.
2. The applicant shall enter into a Plan Check/Inspection agreement with the City. All
outstanding plan/check inspection fees shall be paid prior to the final inspection.
3. The applicant shall have the map 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 map. The letter shall identify any new easements that
may be required by the utility company. Letters from utility companies shall be
submitted to the City prior to recordation of the parcel map.
4. The applicant shall acquire title or interest in any off-site land that may be required
to allow for the construction of the improvements to relocate any existing utilities.
The applicant shall bear all costs associated with the necessary acquisitions. The
applicant shall also gain concurrence from all property owners whose ingress and
egress is affected by these improvements.
5. Parcel Map AT 01-091 shall be recorded concurrently with the abandonment of the
existing Vista Bonita Avenue right of way.
6. As part of the abandonment procedure, the City shall retain a storm drain
easement and public utility easement covering the right of way. A metes and
bounds description shall be prepared and found acceptable. This shall be shown
on the document to be recorded.
7. The property owner shall indemnify and hold harmless the city from claims that
may arise from the abandonment procedure. This agreement shall be reviewed and
found acceptable by the City Attorney.
8. A slope maintenance easement shall be provided on the sides of the right of way
as needed to maintain cut or fill slopes.