HomeMy WebLinkAboutPC Resolution 2019-0027PC RESOLUTION 2019-0027 CITY OF ATASCADERO
PLANNING
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
ATASCADERO, RECOMMENDING SUMMARY VACATION OF A PORTION OF SAN
CAYETANO ROAD PURSUANT TO SECTION 8331 OF THE CALIFORNIA STREETS
AND HIGHWAYS CODE
(ROAD ABANDONMENT RAB19-0015)
WHEREAS, an application has been received from Claudia and Joseph Berkman, (12215
Cenegal Road, Atascadero, CA 93422), Applicant and Owner, to abandon a portion of San
Cayetano Road that is within a residential property located at 12215 Cenegal Road, in the City of
Atascadero, County of San Luis Obispo, State of California; and
WHEREAS, the proposed abandonment 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, 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 funds have been expended for maintenance on the subject right-of-way during such
period; and
WHEREAS, the Planning Commission held a duly noticed public hearing to consider the
proposed Road Abandonment on October 1, 2019, at 6:00 p.m. and considered testimony, reports
from staff, the applicants, and the public;
NOW, THEREFORE, BE IT RESOLVED that the Planning Commission makes the
following findings, determinations, and recommendations:
SECTION 1. Environmental Review. The Planning Commission recommends the City
Council find that the proposed project is consistent with the General Plan.
SECTION 2. Findings of Approval. The Planning Commission recommends that the City
Council find as follows:
The portion of San Cayetano Road right-of-way proposed to be abandoned has been
impassable for vehicular travel for a period of five consecutive years and no public
funds have been expended for maintenance on the subject right-of-way during such
period.
BE IT RESOLVED, that the Planning Commission of the City of Atascadero recommends
approval to the Resolution of Abandonment for right-of-way subject to the following:
Exhibit A: Conditions of Approval
Exhibit B: Road Abandonment Map
BE IT FURTHER RESOLVED, a copy of this Resolution be delivered forthwith by the
Planning Commission Secretary to the City Council of the City of Atascadero.
On motion by Commissioner Wolff and seconded by Commissioner van den Eikhof , the
foregoing resolution is hereby adopted in its entirety by the following roll call vote:
AYES: Commissioners Keen, Wolff, van den Eikhof, Dariz (4)
NOES: None (0)
ABSENT: Commissioners Anderson, Shaw, Zirk (3)
ABSTAINED: None (0)
ADOPTED: October 1, 2019
CITY OF ATASCADERO, CA
Planning Commission Vice Chairperson
ATTEST:
e
t
Phil Dunsmore
Planning Commission Secretary
Exhibit A: Conditions of Approval
RAB 19-0015
Conditions of Approval - RAB 19-0015
Timing
Responsibility
/Monitoring
PS: Planning Services
BL: Business License
BS: Building Services
GP: Grading Permit
FD: Fire Department
BP: Building Permit
PD: Police Department
FI: Final Inspection
CE: City Engineer
TO: Temporary Occupancy
WW: Wastewater
F0: Final Occupancy
CA: City Attorney
1. This approval of a road abandonment is contingent upon
City Council
PS
demonstration of the property owner, Berkman, to provide
approval
documentation of fee simple ownership of the portion of San Cayetano
Road to be abandoned that is located in Lot 17 in Block 59 pf
Atascadero Colony, County San Luis Obispo, State of California
(12215 Cenegal Road; 055-121-001). In the case the owner, Berkman,
does not hold fee simple ownership of the abandonment, the owner
shall discuss purchase of property from landowner.
Exhibit B: San Cayetano Road Abandonment Map
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Abandonment Exhibit
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