HomeMy WebLinkAboutResolution 2002-007 RESOLUTION NO. 2002-007
A RESOLUTION OF THE CITY COUNCIL
SUMMARILY VACATING A PORTION OF THE
MUSSELMAN AVENUE RIGHT-OF-WAY PURSUANT TO
SECTION 8331 OF THE
CALIFORNIA STREETS AND HIGHWAYS CODE
ROAD ABANDONMENT 2001-0007
(9385 Musselman Avenue/APN 030-461-054 /Jim Shores)
WHEREAS, an application has been received from Jim Shores, PO Box 216,
Atascadero, CA 93423, (Applicant), and Raymond Marasse, 9385 Musselman Avenue,
Atascadero, CA 93422, (Property Owner) to consider a project consisting of a zone change from
RMF-16 (Residential Multi-Family) to RMF-16 / PD-7 (Residential Multi-Family with Planned
Development Overlay #7) with the adoption of a Master Plan of Development, a ten-lot
residential tentative tract map, and a request to abandon a portion of the Musselman Avenue
public right-of-way on APN 030-461-054; and,
WHEREAS, the proposed project area has a General Plan Designation of High Density
Multi-Family 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 Musselman 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 January 15, 2002 at 7:00 p.m. and considered testimony and
reports from staff,the applicants , and the public;
WHEREAS, the Atascadero City Council, at a duly noticed Public Hearing held on
February 26, 2002, studied and considered the Road Abandonment(RAB 2001-0007), after first
studying and considering the Proposed Negative Declaration prepared for the project; and ,
NOW,THEREFORE,the City Council takes the following actions:
SECTION 1. Findings of Approval. The City Council find as follows:
1. The proposed project is consistent with the General Plan.
2. The portion of Musselman 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.2002-007
Page 2
SECTION 2. Approval. The Atascadero City Council, in a regular session assembled
on February 26, 200 resolved to approve the Road Abandonment request subject to the
following:
1. EXHIBIT A: Road Abandonment Map
2. EXHIBIT B: Conditions of Approval.
On motion by Council Member Johnson and seconded by Mayor Pro Tem Scalise, the foregoing
Resolution is hereby adopted following roll call vote:
AYES: Council Members Clay, Johnson, Scalise and Mayor Arrambide
NOES: Council Member Luna
ABSTAIN: None
ABSENT: None
ADOPTED: February 26, 2002
BLTI-A
ichael Arrambide, Mayor
Attest:
Marcia McClure Torgerson, City Cle
Approved as to form:
Roy . Hanley, tity At orney
City of Atascadero
Resolution No.2002-007
Page 3
EXHIBIT A: Road Abandonment Map
RAB 2001-0007
HEVAM PAN Area proposed to be
abandoned
• 4?f 2 k uT$ Lt3'v-+s zA
LOT Pedestrian Path:
i s Lex r r s '
L � (Right-of-Way to
° O7
{ ' remain)
6V
OT4
k
City of Atascadero
Resolution No.2002-007
Page 4
EXHIBIT B: Conditions of Approval
RAB 2001-0007
City Engineer Conditions of Approval:
1. The Road Abandonment shall record concurrently with the Tract Map.