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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 hIGHWAY 41 K� ed AV, i 1 ; h Ask. III dw 1� N r City of Atascadero Resolution No.2002-038 Page 4 40i ■ 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