HomeMy WebLinkAboutE-4 Staff Report - 1303 Optical Drive Dedication and Landscape MaintenanceCONSENT ITEM
E-4
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
VIA: SERGIO GONZALEZ, CITY MANAGER
FROM: ROBERT DELGADILLO, P.E., DIRECTOR OF PUBLIC WORKS/CITY ENGINEER
DATE: FEBRUARY 1, 2021
SUBJECT: ADOPT A RESOLUTION ACCEPTING THE IRREVOCABLE OFFER OF
DEDICATION OF 1303 WEST OPTICAL DRIVE
BACKGROUND:
The owner of 1303 West Optical Drive, OneLegacy, is in the process of constructing a new parking
structure and adding a conference/convention expansion to the existing structure. During the preliminary
plan review process, staff discovered that the sidewalk on the south side of the property was located
within private property. If approved, the proposed acceptance of the dedication will mean that the
sidewalk will be owned by the City for general use by the public.
RECOMMENDATION:
Staff recommends the City Council take the following actions:
1)Adopt Resolution No. 2021-C07 to accept the Irrevocable Offer of Dedication of the subject
property located at 1303 West Optical Drive and find the dedication exempt from the California
Environmental Quality Act
ANALYSIS:
OneLegacy, the owner of 1303 west Optical Drive, is in the process of constructing a
conference/convention facility that will be a 30,769 square foot expansion to the existing building and a
new parking structure. During the preliminary plan review process, staff discovered that sidewalk
located on the south side of the subject property was located within private property. Currently, the
street and the parkway are maintained by the City, but the sidewalk was never dedicated. If approved,
the proposed acceptance of the dedication will mean that the property where the sidewalk is located will
be owned by the City for general use by the public.
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OneLegacy Irrevocable Offer of Dedication
February 1, 2021
Page 2
There will be no physical changes related to the dedication and the dedication has no impact on the
development of the property. Furthermore, the public improvements are in place and will continue to be
maintained by the City.
Finally, there are no CEQA related environmental impacts associated with acceptance of the proposed
dedication.
FISCAL IMPACT:
There is no fiscal impact with the associated recommendation.
Prepared by: Reviewed and Approved:
Robert Delgadillo, P.E. Sergio Gonzalez
Director of Public Works/City Engineer City Manager
Attachment:
1) Resolution No. 2021-C07
2) Irrevocable Offer of Dedication
RESOLUTION NO. 2021-C07
A RESOLUTION OF THE CITY COUNCIL OF CITY OF AZUSA
ACCEPTING THE IRREVOCABLE OFFER OF DEDICATION OF
PROPERTY LOCATED AT 1303 WEST OPTICAL DRIVE
THE CITY COUNCIL OF CITY OF AZUSA DOES HEREBY RESOLVE,
DETERMINE AND ORDER AS FOLLOWS:
WHEREAS, the Government Code section 7050 authorizes the City of Azusa (“City”) to
accept irrevocable offers of dedication of real property for any public purpose, including, but not
limited to, streets, highways, paths, alleys, including access rights and abutter’s rights, drainage,
open space, public utility or other public easements, parks, or other public places; and
WHEREAS, the property owner of 1303 West Optical Drive has made an irrevocable
offer to dedicate a portion of that property to the City by executing a Right-of-Way Dedication
Easement; and
WHEREAS, the property owner has consented to dedicate 1,980 square foot area on the
south side of the existing property as described and depicted in the Right-of-Way Dedication
Easement and Exhibits A and B (the “Public Right-of-Way Property”); and
WHEREAS, the acceptance of dedication of the Public Right-of-Way Property as a
public sidewalk at this time is necessary to the public interest and convenience; and
WHEREAS, on August 26, 2020, the Planning Commission found that the acceptance of
the dedication of the Public Right-of-Way Property as discussed in the Staff Reports is in
conformity with the City of Azusa General Plan; and
WHEREAS, pursuant to the California Environmental Quality Act (“CEQA”) and the
City’s local CEQA Guidelines, City Staff determined that the acceptance of dedication of the
Public Right-of-Way Property (the “Project”) is covered by the general rule, pursuant to Section
15061(b)(3) of the State CEQA Guidelines (14 CCR § 15061(b)(3)), that CEQA applies only to
projects which have the potential for causing a significant effect on the environment, and City
Staff found that there is no possible significant effect directly related to the Project; and
WHEREAS, all legal prerequisites to the adoption of this Resolution have occurred.
NOW, THEREFORE, THE CITY COUNCIL OF CITY OF AZUSA DOES
HEREBY FIND, DETERMINE AND RESOLVE AS FOLLOWS:
SECTION 1. The City Council finds that all of the facts set forth in the Recitals of this
resolution are true and correct.
SECTION 2. In accordance with the provisions of Government Code Section 7050, the
City of Azusa hereby accepts the Irrevocable Offer of Dedication of the Public Wight-of-Way
Attachment 1
Property as depicted in the Right-of-Way Dedication Easement and Exhibits A and B.
SECTION 3. Environmental Review. The City Council has reviewed the dedication and
based upon the whole record before it, in the exercise of its independent judgment and analysis,
concurs that City staff has correctly concluded that it can be seen with certainty that there is no
possibility the dedication may have a significant effect on the environment, because acceptance
of the dedication will not in and of itself cause any change in the environment, and therefore no
further action is required under CEQA. The custodian of records for all materials that constitute
the record of proceeding upon which this decision is based is the City Clerk. Those documents
are available for public review in the City Clerk’s office located at 213 E. Foothill Boulevard,
Azusa, California 91702
SECTION 4. The City Clerk is hereby authorized and directed to record such
documents as are necessary to evidence this acceptance of the dedication of the Public Right-of-
Way Property. The Public Works Director is hereby authorized and directed to approve, accept,
and execute on behalf of the City such documents and instruments necessary to effectuate this
acceptance of dedication of the Public Right-of-Way Property.
PASSED, APPROVED and ADOPTED this 1st day of February, 2021.
__________________________________
Robert Gonzales
Mayor
ATTEST:
__________________________________
Jeffrey Lawrence Cornejo, Jr.
City Clerk
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES )ss.
CITY OF AZUSA )
I HEREBY CERTIFY that the foregoing Resolution No. 2021-C07 was duly adopted
by the City Council of the City of Azusa at a regular meeting thereof, held on the 17th day of
August 2020, by the following vote of the Council:
AYES: COUNCILMEMBERS:
NOES: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
__________________________________
Jeffrey Lawrence Cornejo, Jr.
City Clerk
APPROVED AS TO FORM:
__________________________________
Best Best & Krieger, LLP
City Attorney
Attachment 2