HomeMy WebLinkAboutResolution No. 11-C83RESOLUTION NO. 11-C83
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA,
CALIFORNIA, AUTHORIZING THE SALE OF CERTAIN CITY
OWNED REAL PROPERTY LOCATED AT 880 S. AZUSA AVENUE
AND AUTHORIZE THE CITY MANAGER TO EXECUTE ALL
DOCUMENTS AND TAKE ANY ACTIONS NECESSARY TO
CONVEY THE LAND TO THE CHARVAT FAMILY TRUST
CONSISTENT WITH THE TERMS AND INTENT OF THE
DISPOPSITION AND DEVELOPMENT AGREEMENT AND STAFF
REPORT FROM NNE 2011
WHEREAS, the City of Azusa ("City") owns that certain real property located at 880 S.
Azusa Avenue (APNs 8621-024-903 and 8621-024-904) and further described in Exhibit A
attached to this Resolution (the "Property"); and
WHEREAS, on June 6, 2011, the City Council approved a the disposition of land
pursuant to the Disposition and Development Agreement ("DDA") by and between the City, the
Redevelopment Agency of the City of Azusa ("Agency") and The Charvat Family LLC
("Developer") for the development of a 40,000 to 60,000 square foot retail store on the Property
("Project"); and
WHEREAS, pursuant to the DDA, the City supports and the Agency desires to sell the
Property to facilitate the development of the Project consistent with the City General Plan and
the DDA; and
WHEREAS, Section 37351 of the California Government Code authorizes the City to
sell real property under terms and conditions that are determined to be for the benefit of the City;
and
WHEREAS, the Property has been appraised at a fair market value of $3.3 Million; and
WHEREAS, the Planning Commission of the City of Azusa, at its meeting on November
16, 2011, adopted a resolution finding that the sale of the Property is consistent with the City
General Plan, as required by Government Code Section 65402(a); and
WHEREAS, City staff has determined that the Project constitutes a "project" under the
California Environmental Quality Act, Public Resources Code Sections 21000, et seq.
("CEQA"), and has further determined that the Project is exempt from environmental review
under CEQA pursuant to Public Resources Code Section 21084 and Title 14 California Code of
Regulations Section 15332 because it is in -fill development: (1) consistent with the applicable
general plan designation and all applicable general plan policies as well as with the applicable
zoning designation and regulations; (2) occurring within city limits on a project site of no more
than five acres substantially surrounded by urban uses; (3) the project site has no value as habitat
for endangered, rare or threatened species; (4) approval of the project would not result in any
significant effects relating to traffic, noise, air quality, or water quality; and (5) the site can be
adequately served by all required utilities and public services.
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NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Azusa,
California, as follows:
1. The City Council finds that the sale of the Property for its appraised fair market
value of $3.3 Million, and upon terms and conditions that protect the City's interests, is for the
benefit of the City and its residents, as sale of the Property will allow it to be used for purposes
consistent with the DDA, the Azusa General Plan and applicable zoning and land use controls.
2. The City's Planning Commission has determined that the sale of the Property is in
conformity with the City's General Plan, pursuant to California Government Code Section
65402.
3. The City Manager is authorized to take such other actions and make, enter into or
sign such other documents on behalf of the City as may be reasonably necessary to accomplish
the sale and conveyance of the Property in accordance with this Resolution, the DDA and the
intent expressed at the time the DDA was approved.
4. The City, acting as lead agency, hereby finds and determines that the Project
constitutes a "project" under CEQA, and further finds and determines that the Project is exempt
from environmental review under CEQA pursuant to Public Resources Code Section 21084 and
Title 14 California Code of Regulations Section 15332 because it is in -fill development (1)
consistent with the applicable general plan designation and all applicable general plan policies as
well as with the applicable zoning designation and regulations; (2) occurring within city limits on
a project site of no more than five acres substantially surrounded by urban uses; (3) the project
site has no value as habitat for endangered, rare or threatened species; (4) approval of the project
would not result in any significant effects relating to traffic, noise, air quality, or water quality;
and (5) the site can be adequately served by all required utilities and public services. The City
authorizes and directs the City Clerk to file all appropriate notices under CEQA with the County
of Los Angeles, California, regarding the CEQA compliance actions of the City contained in this
Resolution, within five (5) days following the date of adoption of this Resolution.
5. The Mayor is directed to sign this Resolution and the City Clerk is directed to
certify to the adoption of this Resolution.
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This Resolution shall take effect immediately upon its adoption.
PASSED, APPROVED AND ADOPTED this 21st day of November, 2011.
oseph R. Rocha, Mayor
ATTEST:
Mendoza, City Clerk
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CERTIFICATION
I, Vera Mendoza, City Clerk of the City of Azusa, do hereby certify that the
foregoing Resolution No. 11-C83, was duly and regularly adopted by the City Council of the City
of Azusa at its regular meeting on the 21st day of November, 2011, and that the same was passed
and adopted by the following vote, to wit:
AYES: COUNCILMEMBERS: GONZALES, CARRILLO, MACIAS, HANKS, ROCHA
NOES: COUNCILMEMBERS: NONE
ABSENT: COUNCILMEMBERS: NONE
ABSTAINED: COUNCILMEMBERS: NONE
era Mendoza, City Clerk
45636.06001\70337781
EXHIBIT A
TO
RESOLUTION NO. 11-C83
Property Legal Description
[Attached behind this cover page]
EXHIBIT A
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