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HomeMy WebLinkAboutResolution No. 2021-C07 RESOLUTION NO. 2021-007 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 Property as depicted in the Irrevocable Offer of Dedication (Attachment) 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 G zales Mayor ATTEST: aur,+p-tom � J r ce Corne' Jr.7 ity Cler STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES )ss. CITY OF AZUSA ) I HEREBY CERTIFY that the foregoing Resolution No. 2021-007 was duly adopted by the City Council of the City of Azusa at a regular meeting thereof, held on the 1st day of February 2021, by the following vote of the Council: AYES: COUNCILMEMBERS: MACIAS, ALVAREZ, AVILA, MENDEZ NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: GONZALES Je r e Cornejo, ity Cler APPROVED AS TO FORM: 41. Best Bet& Krieger, LP City Attorney