HomeMy WebLinkAboutResolution 2019-003RESOLUTION NO. 2019-003
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ATASCADERO, CALIFORNIA, APPROVING VACANT LAND PURCHASE
AGREEMENT, ADDENDUM AND JOINT ESCROW INSTRUCTIONS FOR
PROPERTY LOCATED AT 9191 SAN RAFAEL COURT, ATASCADERO
WHEREAS, San Carlino, LLC ("Seller") owns property located at 9191 San Rafael Court,
Atascadero ("Property"); and
WHEREAS, a proposed sewer lift station ("Improvements") will require the acquisition of
property in that area; and
WHEREAS, the Property owned by Seller is in the area needed for the construction of the
needed Improvements; and
WHEREAS, the design of the needed Improvements has not been completed and, for that
reason, a review of the environmental impacts that may be caused by the Improvements is impractical
and infeasible at this time, but will be conducted pursuant to the California Environmental Quality
Act ("CEQA") after the design of the Improvements is completed and before the approval of the
construction of the Improvements. The approval of the construction -of the improvernehts will take
place at a future unknown date when the City selects a bidder and awards a cjntra x to construct the
Improvements; and r
WHEREAS, a proposed Vacant Land Purchase Agreement;=Addendum avid Joint -Escrow
Instructions has been prepared and reviewed by the City Council fat -it's . meeting - on
January 22, 2019. .........
NOW, THEREFORE BE IT RESOLVED, by the City Council of the City of Atascadero:
SECTION 1. The foregoing Recitals are true and correct and are hereby incorporated by
this reference.
SECTION 2. The City Council hereby approves the Vacant Land Purchase Agreement,
Addendum and Joint Escrow Instructions for the Property located at 9191 San Rafael Court,
Atascadero.
SECTION 3. The City Council hereby finds that: (1) approval of this Resolution is an
action that is not subject to CEQA pursuant to the common sense exemption in CEQA Guidelines
Section 15061(b)(3) because it can be seen with certainty that there is no possibility that entering into
the Agreement will have a significant effect on the environment; and (2) that the proposed purchase
of the Property is the type of land acquisition agreement CEQA allows agencies to enter into before
complying with CEQA pursuant to CEQA Guidelines Section 15004(b)(2)(A) because this
Resolution simply approves the acquisition of the Property and designates it as the preferred site for
CEQA review of potential future Improvements in the area while conditioning the City's actual future
use of the site for any such Improvement project on prior CEQA compliance and without placing any
limits on the future choice of alternatives or mitigation measures that may be considered under CEQA
before approval of the actual construction of the Improvements.
City of Atascadero
Resolution No. 2019-003
Page 2 of 2
SECTION 4. The City Manager is hereby authorized and directed to take all appropriate
actions and execute all documents which the City Manager may deem necessary or advisable in order
to effectuate the purposes of this Resolution.
PASSED AND ADOPTED at a regular meeting of the City Council held on the 22nd day of
January, 2019.
On motion by Council Member Fonzi and seconded by Mayor Pro Tem Bourbeau the
foregoing Resolution is hereby adopted in its entirety on the following roll call vote:
AYES:
Council Members Bourbeau, Fonzi, Funk, Newsom and Mayor Moreno
NOES:
None
ABSENT:
None
ABSTAIN:
None
APPROVED AS TO FORM:
Brian Pierik, City Attorney
CITY OF ATASCADERO
Heat reno, Mayor