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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