HomeMy WebLinkAbout13 EXEMPT EDING. AVE 08-05-02AGENDA REPORT
NO. 13
08-05-02
MEETING DATE: AUGUST 5, 2002 490 10
TO:
HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM:
CITY ATTORNEY
SUBJECT:
Adoption of Resolution Exempting the Acquisitions Required By The Edinger
Avenue Widening (Smart Street) Project From The Provisions Of Government
Code Section 65402(a)
SUMMARY:
Adopt Resolution exempting the acquisitions required by the Edinger Avenue Widening
(Smart Street) Project from the provisions of Government Code Section 65402(a).
RECOMMENDATION'
Adopt Resolution No. 02-77.
FISCAL IMPACT:
There is no fiscal impact with this action.
BACKGROUND:
Government Code Section 65402(a) generally requires the Planning Agency of the City,
such as the City's Planning Commission, to determine that any acquisition of property
by the City is in conformance with the City's General Plan. However, subdivision (a)
also provides that the City Council may, by Resolution, exempt certain acquisitions from
the provisions of Government Code Section 65402(a) if the acquisitions relate to street
widening or alignment projects and are of a minor nature. In this case, the City is only
acquiring portions of larger parcels in order to widen an existing street, which will
conform with the circulation element of the City's General Plan. A mitigated negative
declaration was approved on April 16, 2001. The total square feet to be acquired is
approximately Fifty-One Thousand Six Hundred and Eighty-Two (51,682) and the
individual acquisitions range from Four Hundred and Sixty-Four (464) square feet to
Seventeen Thousand One Hundred and Sixty-Seven (17,167) square feet with the
majority of the acquisitions being less than Five Thousand (5,000) square feet.
ATTACHMENT:
Resolution 02-77
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RESOLUTION NO. 02-77
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TUSTIN, CALIFORNIA, PROVIDING THAT THE PROVISIONS
OF GOVERNMENT CODE SECTION 65402(a) DO NOT APPLY
TO THE ACQUISITIONS REQUIRED FOR THE EDINGER
AVENUE WIDENING (SMART STREET) PROJECT.
WHEREAS, Government Code Section 65402(a) provides in relevant part that no real
property shall be acquired for street purposes until the location, purpose and extent of such
acquisition has been submitted to and reported upon by the Planning Agency as to
conformity with the adopted General Plan; and
WHEREAS, Government Code Section 65402(a) also provides that the legislative
body may, by Resolution, determine that the provisions of subdivision (a) shall not apply to:
acquisitions for street widening or for alignment projects, providing such acquisitions or
alignment projects are of a minor nature; and
WHEREAS, the Edinger Avenue Widening (Smart Street) Project is an approved
capital improvement project and conforms to the circulation element of the City's General
Plan, and the Project consists of widening and re-aligning of an existing street; and
WHEREAS, the acquisitions required by the project consist of portions of parcels, the
majority of which are less than Five Thousand (5,000) square feet.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA,
finds, determines and orders as follows'
SECTION 1.
The acquisitions for the Edinger Avenue Widening (Smart Street) Project are of a
minor nature.
SECTION 2.
The provisions of Government Code Section 65402(a) shall not apply to the
acquisitions required for the Edinger Avenue Widening (Smart Street) Project.
PASSED AND ADOPTED at a regular meeting of the City Council of the City of Tustin
on the__ day of ,2002.
ATTEST:
JEFFERY M. THOMAS, MAYOR
PAMELA STOKER, CITY CLERK