HomeMy WebLinkAboutResolution No. 2022-C55RESOLUTION NO.2022-055
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA
DECLARING PURSUANT TO GOVERNMENT CODE SECTION 54221
THAT CERTAIN REAL PROPERTY OWNED BY THE CITY
COMMONLY KNOWN AS ASSESSOR PARCEL NUMBERS 8684-013-904
AND 8684-013-923, LOCATED NORTH OF MOUNTAIN VIEW CIRCLE
AND WEST SIERRA MADRE AVENUE, IS NON-EXEMPT SURPLUS
LAND, APPROVING THE FORM OF NOTICE OF AVAILABILITY
THEREFOR, AUTHORIZING THE GENERAL MANAGER TO COMPLY
WITH THE SURPLUS LAND ACT, AND FINDING THE FOREGOING
CATEGORICALLY EXEMPT FROM CEQA REVIEW
WHEREAS, the City of Azusa (the "City") is the owner in fee simple of that certain
real property, commonly known as Assessor Parcel Numbers 8684-013-904, which is
approximately 0.65 acres in size, as well as Assessor Parcel Number 8684-013-923, which is
approximately 9.41 acres in size, as more particularly depicted in Exhibit A, attached hereto
and incorporated herein by reference ("Property"). The Property is located in the northerly
portion of the City, north of Mountain View Circle and West Sierra Madre Avenue; and
WHEREAS, the City no longer has any use for the Property; and
WHEREAS, the Surplus Land Act, Government Code sections 54220 et seq. (as
amended, the "Act"), applies when a local agency disposes of "surplus land," as that term is
defined in Government Code section 54221; and
WHEREAS, the Property is "surplus land" under the Act, because it is land owned in fee
simple by the City for which the City Council will take formal action (in the form of adoption of
this resolution) in a regular public meeting declaring that the land is surplus and is not necessary
for the City's use; and
WHEREAS, the Act requires that prior to the disposal of any surplus land, unless an
exemption applies, a local agency must issue a Notice of Availability to, among others, affordable
housing developers, and thereafter, if any entity submits a qualified Notice of Interest within sixty
(60) days of issuance of the Notice of Availability, the local agency must negotiate in good faith
for at least ninety (90) days with any such submitting entities; and
WHEREAS, the Property is not exempt from the Act; and
WHEREAS, a form of Notice of Availability is attached hereto as Exhibit B.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AZUSA,
CALIFORNIA, DOES HEREBY RESOLVE AS FOLLOWS:
SECTION 1. The above recitals are true and correct and are a substantive part of this
Resolution.
SECTION 2. The City Council hereby finds and declares that the Property is "surplus
land" as used in the Act, because the Property is owned in fee simple by the City, and the
Property is surplus and is not necessary for the City's use.
SECTION 3. The City Council hereby approves the form of Notice of Availability
("NOA") substantially in the form attached hereto as Exhibit B.
SECTION 4. The City Council hereby authorizes the City Manager or designee to take
all necessary actions to fully comply with the Act without further need to obtain City Council
approval.
SECTION 5. This Resolution has been reviewed with respect to the applicability of the
California Environmental Quality Act (Public Resources Code Section 21000 et seq. )
("CEQA"). City staff has determined that the designation of this property as non-exempt surplus,
approval of the form of NOA, and authorization for the City Manager to comply with the Act
do not have the potential for creating a significant effect on the environment and are therefore
exempt from further review under CEQA pursuant to State CEQA Guidelines Section
15060(c)(3), because such actions do not constitute a "project" as defined by the CEQA
Guidelines, Section 15378. In the alternative, even if the actions contemplated here constituted
a "project" under CEQA, they involve the sale of surplus government property, which is exempt
from environmental review under CEQA pursuant to a Class 12 categorical exemption.
Specifically, the government property is not located in an area of statewide, regional or areawide
concern as defined in CEQA Guidelines section 15206(b)(4). The Property is not located in any
of the following: the Lake Tahoe Basin, the Santa Monica Mountains Zone, the California
Coastal Zone, an area within 1/4 mile of a wild and scenic river, the Sacramento -San Joaquin
Delta, the Suisun Marsh, or the jurisdiction of the San Francisco Bay Conservation and
Development Commission. Therefore, the City Council's adoption of this Resolution is exempt
from CEQA review. Finally, adoption of the Resolution does not have the potential for resulting
in either a direct physical change in the environment or a reasonably foreseeable indirect
physical change in the environment. If and when the Property is sold to a purchaser, and that
purchaser proposes a use for the Property that requires a discretionary permit and CEQA review,
that future use and project will be analyzed at the appropriate time in accordance with CEQA.
SECTION 6. If any section, subsection, paragraph, sentence, clause or phrase of this
Resolution is declared by a court of competent jurisdiction to be unconstitutional or otherwise
invalid, such decision shall not affect the validity of the remaining portions of this Resolution.
SECTION 7. The City Clerk shall attest and certify to the passage and adoption of this
Resolution and enter it into the book of original resolutions, and it shall become effective
immediately upon its approval.
PASSED, APPROVED AND ADOPTED this 151h day of August, 2022.
q--� , 'e�'�z
Robert G ales
Mayor
ATTEST:
fryV&enke Cornejo,
City Clerk
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) ss.
CITY OF AZUSA )
I HEREBY CERTIFY that the foregoing Resolution No. 2022-055 was duly adopted by the City
Council, at a regular meeting of said Agency held on the 15th day of August 2022, by the following vote of
the Council:
AYES: COUNCILMEMBERS: GONZALES, ALVAREZ, AVILA, MENDEZ, BECKWITH
NOES: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
J ence Come'' 1r-/'
City Clerff
APPROVED AS TO FORM:
Bes Best & Krie er, LLP
City Attorney