HomeMy WebLinkAboutResolution 2002-038 RESOLUTION NO. 2002-038
A RESOLUTION OF THE COUNCIL OF THE CITY OF ATASCADERO
SUMMARILY VACATING AN UNIMPROVED PORTION OF
RIGHT-OF-WAY NEAR ATASCADERO AVENUE AND SAN ANDRES
AVENUE PURSUANT TO SECTION 8331 OF THE
CALIFORNIA STREETS AND HIGHWAYS CODE.
(Road Abandonment 2001-0008/Wilson Land Surveys/Burbach)
WHEREAS, Dwayne Burbach, 12605 Santa Rosa Road, Atascadero (Owner /
Applicant), applied for a Road Abandonment to abandon a portion of the Atascadero Avenue
right-of-way; and
WHEREAS, the proposed project area has a General Plan Designation of Retail
Commercial 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 right-of way near Atascadero Avenue and San Andres
Avenue, as shown on the attached Exhibit A, has 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 May 21, 2002 at 7:00 p.m. and considered testimony and
reports from staff, the applicants, and the public; and
WHEREAS, the City Council held a duly noticed public hearing to consider the
proposed Road Abandonment on July 9, 2002 at 7:00 p.m. and considered testimony and reports
from staff, the applicants, and the public;
NOW,THEREFORE,the City Council takes the following actions:
SECTION 1. Notice of Exemption. The City Council finds that the proposed project is
exempt from the California Environmental Quality Act under the General Rule Exemption
(CEQA State Guidelines, Section 15061.b.3).
SECTION 2. Findings of Approval. The City Council finds as follows:
1. The proposed project is consistent with the General Plan.
2. The portion of right-of-way near Atascadero Avenue and San Andres Avenue 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.2002-038
Page 2
BE IT FURTHER RESOLVED, that the City Council approves Road Abandonment
2001-0008 as shown on Exhibit A and based on Exhibit B -Notice of Exemption.
On motion by Council Member Johnson 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, Johnson, Luna, Scalise and Mayor Arrambide
NOES: None
ABSENT: None
ABSTAIN: None
ADOPTED: August 13, 2002
13
Michael Arrambide, Mayor
Attest:
Marcia McClure Torgerson, City erk
Approved as to form:
L6� �"
Ro anley, City Atto ey
Exhibit A
Resolution No.2002-038
Road Abandonment 2001-0008
Site Plan
Atascadero Avenue Colony Right-of-way
Burbach/Wilson Land Surveys
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City of Atascadero
Resolution No.2002-038
Page 4
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CITY OF ATASCADERO
1 e NOTICE OF EXEMPTION
ERAj 6500 Palma Avenue Atascadero,CA 93422 805.461.5035
TO: ❑ County Clerk,County of San Luis Obispo
❑ Office of Planning and Research(If the project requires state approval)
1400 Tenth Street
Sacramento,CA 95814
FROM: Glenn Rider,Assistant Planner
City of Atascadero
SUBJECT: Filing of Notice of Determination in Compliance with Section 21152 of the Public Resources Code.
Road Abandonment#2001-0008
Project Title
7955 San Andres Avenue
Atascadero,93422
San Luis Obispo County
Project Location(Include County)
Abandonment of an unused portion of right-of-way at the intersection of Atascadero Avenue and San Andres Avenue
Project Description
City of Atascadero
Name of Public Agency Approving Project
Glenn Rider,Assistant Planner
Name of Person or Agency Carrying Out Project
Exempt Status:
❑ Ministerial(Sec. 15073)
❑ Declared Emergency(Sec. 15061(a))
❑ Emergency Project(Sec. 1507(b)and(c))
® General Rule Exemption (Sec. 15061.c)
Reasons why project is exempt:
It can be seen with certainty that there is no possibility that the activity in question will have a significant effect on the environment.
Contact Person:Glenn Rider
5.14.02
Date Signature
Date Received for Filing Title