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HomeMy WebLinkAboutResolution No. 05-C1070 RESOLUTION NO. 05-C107 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA FINDING THAT THE PUBLIC INTEREST AND NECESSITY REQUIRE THE SALE OF SURPLUS PROPERTY, DECLARING ITS INTENT TO SELL RESIDENTIAL PROPERTY LOCATED AT 16108 EAST SAN BERNARDINO ROAD (ASSESSOR PARCEL NO. 8435-027-270) AND SETTING A HEARING DATE FOR CONSIDERATION OF PROTESTS. WHEREAS, California Government Code Section 37421 provides that when the legislative body of a city finds that the public interest and convenience require the sale of public buildings and sites dedicated to public use, it may adopt a resolution of its finding and intention to sell such property; and WHEREAS, the City of Azusa ("City") owns a surplus piece of property containing approximately 3,050 square feet, generally located at 16108 Fast San Bernardino Road, Covina, California; and WHEREAS, the City wishes to declare its intent to sell this surplus piece of property, fix a time for the hearing of any protests to the sale and fix the time for final action; and WHEREAS, all other legal prerequisites to the adoption of this Resolution have occurred. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF AZUSA: SECTION 1. The City Council of the City of Azusa hereby finds that the public convenience and necessity require the sale of surplus public property generally located at 16108 East San Bernardino Road, Covina, California (Assessor Parcel No. 8435-027-270), more particularly described in Exhibit "A" attached hereto and made a part of this resolution. The factors demonstrating that the public convenience and necessity require the sale include: 1. The surplus property contains approximately 3,050 square feet of Light Agriculturally zoned property which no longer serves a useful public purpose to the City of Azusa. 2. Property will better serve the needs of the community in which is located if sold to private parties and developed for residential, commercial, or charitable uses. SECTION 2. The City Council of the City of Azusa hereby declares its intent to sell the property identified in the attached Exhibit "A" and fixes December 19, 2005, at 7:30 p.m. as the time for hearing any protests to the proposed sale and as the final action date. The hearing will be held in the City of Azusa City Council Chambers located at 213 East Foothill Avenue, California. SECTION 3. City stiere hereby directed to publish thiosolution at least once in a daily newspaper prior to the hearing of any protests and to post this resolution for not less than 10 days in at least three conspicuous places upon the property to be sold. SECTION 4. The City Council hereby finds and determines that it can be seen with certainty that there is no possibility that selling this surplus piece of property will have a significant adverse effect on the environment. Thus, the adoption of this resolution of intent is exempt from the requirements of the California Environmental Quality Act (CEQA) pursuant to Section 15061(b) (3) of the CEQA Guidelines. The City Clerk's Office is directed to file a Notice of Exemption with the County Clerk's Office within five (5) working days of adoption. SECTION 5. Effective Date. This Resolution shall become effective upon its adoption. PASSED, APPROVED AND ADOPTED this 28 ' day of November, 2005. Diane Chagnon Mayor I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Utility Board/City Council of the City of Azusa at a regular meeting thereof held on the 28th day of November. 2005. AYES: BOARD/COUNCILMEMBERS: HARDISON, CARRILLO,. ROCHA, HANKS, CHAGNON NOES: BOARD/COUNCILMEMBERS: NONE ABSENT: BOARD/COUNCILMEMBERS: NONE ATTEST: Vera Mendoza_ City Clerk APPROVED AS TO FORM: City ttorney 0 0 AZUSA LIGHT & WATER COMPANY 16108 EAST SAN BERNARDINO ROAD COVINA, CALIFORNIA We were not provided with a title report for the subject property in the course of this evaluation. It is from the available Public Records, from information provided us by the Azusa Light and Water, and our property inspection, which took place on September 15, 2005, where the ownership, legal description and site descriptions contained herein were obtained. The photographs contained herein were taken at the time of our property inspection. OWNER APPARENT/APPRAISED OWNERIASSESSED OWNER: Azusa Valley Water Company c/o Mr. Joseph Hsu Director of Utilities Azusa Light and Water P. O. Box 9500 Azusa, California 91702-9500 (626) 812-5219 SALES HISTORY: The Los Angeles County Public Records do not indicate the last transfer of this property, but we have been led to believe that the Azusa Valley Water Company, which pre -dates the Azusa Light and Water has owned this property for several decades. We are not aware of any other transactions ... past, present or pending, regarding the subject property. PROPERTY LOCATION: 16108 East San Bernardino Road Covina, California 91722-3924 The subject property is located on the south side of San Bernardino Road, to the west of Walnuthaven Drive, in Los Angeles County territory just to the west of the City of Covina western boundary, in the east central part of the San Gabriel Valley area of the County of Los Angeles, State of California. 17 BOZNANSKI & COMPANY 0 PROPERTY. LOCATION (Cont.): Thomas Brother Guide: Census Tract No.: I 0)0 0 AZUSA LIGHT & WATER COMPANY 16108 EAST SAN BERNARDINO ROAD COVINA, CALIFORNIA Page 599; Grid D4 (Los Angeles County - 2005) 4054.00 (Los Angeles County SMSA - 2000) The subject property is situated in the State of California, County of Los Angeles, and is described as follows: A portion of the Rancho La Puente P 1-43-44, as per the Official Records of said county. ASSESSOR'S DATA (2004-05): Assessor's Parcel No.: Assessed Values (Full Value): Tax Rate Area: Tax Rate: Taxes: PHYSICAL DESCRIPTION - LAND: Shape: Dimensions: 8435-027-270 Land: $10,560 Improvements: $ 4,689 Total: $15,249 3097 $1.065186 per $100 Assessed Value (2004-05) $423.73 (2004-05) These taxes are reflective of the public agency ownership of this property and are not representative of open market taxes. Rectangular (See attached Assessor's Map for further definition) 33 foot net frontage on San Bernardino Road and along south property line 91.97 foot uniform depth along east and west property lines 18 BOZNANSKI & COMPANY AZUSA LIGHT & WATER COMPANY 16108 EAST SAN BERNARDINO ROAD COVINA, CALIFORNIA PHYSICAL DESCRIPTION — LAND (Cont.): Area Content: 3,050 sf or 0.0700+/- acres (This area and dimensions are as presented on the Los Angeles County Assessor's Map which follows) Topography: The subject property is flat and level, the normal amount above street grade. Soils: We were not provided with a soils report in the course of this investigation. We assume that the site's soil conditions are adequate to allow for full development of the subject site to its highest and best use. It should be noted that the immediately adjacent parcels have been fully developed for many decades, with no noticeable soils problems. However, a soils report would have to be reviewed in order to confirm this: EPA Superfund (CERCLIS):. No Hazardous Substances: Unless otherwise stated in this report, the existence of hazardous substances, including Without limitation asbestos, polychlorinated biphenyl's, petroleum leakage, or agricultural chemicals, which may or may not be present on the property,. or other environmental conditions, were not called to the attention of nor did the appraiser become aware of such during the appraiser's inspection. The appraiser has no knowledge of the existence of such materials nor in the property unless otherwise stated. The appraiser, however, is not qualified to test such substances or conditions. If the presence of such substances, such as asbestos, urea formaldehyde foam insulation, or other hazardous substances or 19 BOZNANSKI & COMPANY AZUSA LIGHT & WATER COMPANY 16108 EAST SAN BERNARDINO ROAD COVINA, CALIFORNIA PHYSICAL DESCRIPTION — LAND (Cont.): environmental conditions, may affect the value of the property, the value estimated is predicated on the assumption that there is no such condition on or in the property or in such proximity thereto that it would cause a loss in value. No responsibility is assumed for any such conditions, nor for any expertise or engineering knowledge required to discover them. Access: The subject property does not have a vehicular access driveway directly onto San Bernardino Road, but it does have access via the Trinity Lutheran Church property immediately on the west. Utilities: We have been led to believe that the subject property has all normal utilities, which are available in the adjacent public thoroughfares. Verification is contingent upon review with the appropriate government agencies. Easements: As we have not received a title report, we are not aware of any easements along or across the subject property that would inhibit its highest and best use. A visual inspection of the site does not reveal such easements. Offsite Improvements: The subject property has fully asphalt paved street, concrete curbs and. gutters immediately adjacent. However, there are no sidewalks here. Flood Hazard: The Federal Emergency Management Agency (FEMA), through the National Flood Insurance Program, publishes flood insurance rates maps. The subject property 20 BOZNANSIU & COMPANY AZUSA LIGHT & WATER COMPANY 16108 EAST SAN BERNARDINO ROAD COVINA, CALIFORNIA PHYSICAL DESCRIPTION —LAND (Cont.): is located in Flood Zone C, which represents an area determined to be outside a 100 year flood zone. This is in accordance with Community -Panel Number 0650430860 B, dated July 6, 1988. Earthquake Hazard: The subject property, as well as the entire city of Covina, is not located within and is affected by .an Earthquake Fault Zone as specified by the Alquist-Priolo Earthquake Fault Zoning Act. However, verification of specific faults affecting the subject property await official notification. PHYSICAL DESCRIPTION - IMPROVEMENTS: The.entire site (250+ It) is encompassed by a chain link fence, with a 16+ foot wide chain link gate Other than a thick concrete slab, which formerly housed the well building, the entire site is dirt covered. There is a hedge of shrubs that surrounds the east, south and most of the west perimeter of the site. These hedges rise to a height of approximately eight feet. ZONING: Al -6000 (Light Agriculture) as per County of Los Angeles Zoning Ordinance, Chapter 22.24.070, et al. This zone permits single family residences, various types of crops, green houses, and the raising of farm animals. It was originally part of a larger agricultural land use that is no longer existent in this area. Minimum site size is 5,000 sf, maximum building height is 35. feet. Properties developed with single family residences are subject to the same requirements as the R1 zone. It calls for a front yard setback of 20 feet, a rear yard setback of 15 feet, side yards of 5 feet. For narrow lots the setback shall be 101/6 of the width or three foot minimum. 21 BOZNANSKI & COMPANY 0 0 AZUSA LIGHT & WATER COMPANY 16108 EAST SAN BERNARDINO ROAD COVINA, CALIFORNIA ZONING (Cont.): The minimum site area referred to in the above zoning chapter is further defined in Chapters 22.52. 100 and 22.52.250 of the zoning ordinance, specifically. as it relates to sites that vary from the minimum site area requirements. It appears that the areaof a lot which is recorded and which shows a lot area less than the 5, 000 sf minimum is for development purposes is.considered to be a legal lot and is independently developable. Consequently, the subject lot, at 3,050 sf, which. is below the minimum site size for this zone appears to fall under this accorded exemption, and thus would appear to be independently developable. Ultimately, a development process would have to be permitted through the County. PRESENT USE AND OCCUPANCY: At the present time the subject property is vacant and unoccupied. The property was used in the past as a water well site. The well has not been operational for a number of years and has recently been destroyed. MGHEST AND BEST USE: Definition Highest and best use is defined as that reasonable and probable. use that will support the highest present value, as presently defined, as of the date of the appraisal. Alternately, it is that use, from among reasonably probable and legal alternate uses found to be physically possible, appropriately supportive, financially feasible, and which results in highest land value. Physically Possible The subject site, with an area of 3,050 sf in a rectangular pattern. According to the County. Zone, which calls for a minimum site size of 5,000 sf, although there are some adjacent properties that are slightly smaller than that, with proper representation, we believe that this property could be developed with a single family residence. The site is unusual in that it does not have a sidewalk but it shares those characteristics with two adjacent properties. This site is a pre- existing non -conforming site in that regard and we would argue that it should be maintained in this condition in perpetuity. Legally Permissible The subject is located within the Al -6000 zone, which permits single family residential uses. There are no other uses, either commercial or agricultural in this immediate area, except for the 3+ acre church property, which borders the subject on the west and south. 22 BOZNANSIQ & COMPANY L7 AZUSA LIGHT & WATER COMPANY 16108 EAST SAN BERNARDINO ROAD COVINA, CALIFORNIA HIGHEST AND BEST USE (Cont.): Financially Feasible Pending review of a title report and verification of the availability of utilities, we believe that this site is feasible to be developed with two single family residences. However, this process could take a considerable period of time to obtain the proper permits. Highest and Best Use - "As Though Vacant Land" We conclude that the subject property as vacant land has its highest and best use for residential purposes. As discussed in the previous Zoning section, it appears that the subject site, at 3,050 sf, while below the minimum established by the zone can be independently developed because of the approved map. Analyzing the setback requirements, the subject lot has a sufficient width and depth to satisfy front, rear and side yard setbacks, and to leave 1, 538 sf in the middle of the site availablefor independent development for residential purposes. Also, this parcel could be joined with the adjacent church property to the west and south. Highest and Best Use — "As Improved" The remnants of the former well site are not considered to be functional or usable and would be anticipated to be removed prior to the ultimate development of this site. 23 BOZNANSKI& COMPANY .,f 3 •i f l+ l9 "1' P r• � � �g� d IFF e T f ISM - "s, U A. AI-6,000We AI-6,000 ? AI -6,000 AI -6,000 At c I-6000 11 p46,000 ING FS RI l0 0 o O o 0o AI -6.000 I .i °° niu tar vaLw, o AI -6,000 o o �Pb -. �? 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SAN BERNARDINO ROAD -- FRE -WAY;° COVINA, CALIFORNIA P.A. 893S-27COPYRIUMI' 19VI 9211ia 2998 a o ow > o> �a PG a SAN BERNARDINO _ RD g a SEE DETAIL TRACT NO 2986r 11 RANCHO LA PUENTE 10 P 1-43-44 • 4UroWttY uRru M 11'Si'IWY SAN BERNARDINO LOWE O RD I PGARAN f PG = 28 "z 26 at FOR MB 32 - 7 S u'so ss E DETAIL XE (OR tot ll NO SCALE run Aq npa PG Er 260 PG _ a> ' 28 as c m m ASSESSOR'S MAP 16108 E. SAN BERNARDINO ROAD COVINA, CALIFORNIA 0 0 SUBJECT PROPERTY 16108 EAST SAN BERNARDINO RAOD COVINA, CALIFORNIA io Ali View south across San Bernardino Road at the fenced subject property. The paved area on the right belongs to the adjacent church. ly from across San Bernardino Road at the fenced subject property. 0 0 SUBJECT PROPERTY 16108 EAST SAN BERNARDINO RAOD COVINA, CALIFORNIA View east of the west side of the fenced subject property from adjacent church parking lot. Looking northeasterly at the rear and west side of the subject property. 0 0 SUBJECT PROPERTY 16108 EAST SAN BERNARDINO RAOD COVINA, CALIFORNIA Close-up view of the west side of the subject property showing its concrete pad and other site improvements.