HomeMy Public PortalAbout05) 7C Offer of Dedication for Public Street Right-of-Way at 9526 and 9532 Gidley StreetDATE:
TO:
FROM :
SUBJECT:
AGENDA
ITEM ?.C.
COMMUNITY DEVELOPMENT DEPARTMENT
MEMORANDUM
December 18, 2018
The Honorable City Council
Bryan Cook, City Manager
Via : Michael D. Forbes , Community Development Director
Scott Reimers, Planning Manager
By: Hesty Liu , Associate Planne r
ADOPTION OF RESOLUTION NO. 18-5375 TO ACCEPT AN
IRREVOCABLE OFFER OF DEDICATION FOR THE PURPOSE OF
PUBLIC STREET RIGHT-OF -WAY AT 9526 AND 9532 GIDLEY STREET
RECOMMENDATION:
1. The City Council is requested to adopt Resolution No . 18-5375 to accept an
irrevoc able offer to dedicate a portion of the properties located at 9526 and 9532
Gidley Street for the purpose of pub lic street right-of-way (Attachment "A "); and
2. Authorize the City Clerk to certify and record the instrument prepared for said
dedication.
BACKGROUND:
1. On January 23, 2018, the Community Development Director held a public hearing to
consider a proposal to consolidate two parcels and construct a new auto body shop at
9526 and 9532 Gidley Street. The Community Development Director approved the
project subject to conditions of approval as recommended by Planning and Building.
One condit ion of approval requires the dedication of 30 feet along the frontage of the
project site for the purpose of widening Gidley Street to a standard street width .
2 . On November 8, 2018 , the City's Building staff completed the plan check for the st reet
dedication. The Building staff advised that the dedication document is ready for C ity
Council approval and recordation .
City Council
December 18, 2018
Page 2 of 3
ANALYSIS:
Pursuant to the City's Mid-Century General Plan and under
Article S (Dedication of Mapped Streets) of the Zoning
Code, the City is authorized to require street dedication
through the process of project entitlement when the City
finds that the abutting street is of an insufficient width to
properly accommodate the traffic flow.
The subject property abuts a street with a right-of-way of
30 feet. Such a width is inconsistent with the remainder of
Gidley Street which has a width of 60 feet. The City's
General Plan designation for Gidley Street is "Local Road"
which generally has a right-of-way of 60 feet and a
roadway of 30 to 36 feet. The project was approved with a
condition requiring street dedication. The dedication will
provide a right-of-way of 60 feet to accommodate the traffic
flow that will be generated by the project. The dedication will
also allow the improvement of a sidewalk and landscaping
in the right-of-way. The applicant has prepared the map for
the required dedication. The map has been reviewed and
approved by the Engineering staff for its mathematical
accuracy and readiness for recordation. Staff therefore
requests that the City Council adopt the resolution accepting
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the irrevocable offer to dedicate the 2,400 square feet piece of land for the purpose of public
street right-of-way.
Findings
Pursuant to Streets and Highways Code and Temple City Zoning Code, the City Council
as the legislative body has the authority to accept a dedication for public right-of-way if
the City Council finds, from all the evidence submitted, that an existing street is of
insufficient width and that the dedication is necessary to accommodate traffic.
Environmental Review
The acceptance of a street dedication is exempt from environmental review under the
California Environmental Quality Act (CEQA) in accordance with Section 15061 (b)(3) of
the State CEQA Guidelines, because there is no possible significant effect directly related
to the project.
City Council
December 18, 2018
Page 3 of 3
CITY STRATEGIC GOALS:
Accepting the irrevocable offer of dedication for the street right-of-way would further the
City Strategic Goals of Good Governance and Economic Development.
FISCAL IMPACT:
The proposed street vacation would have no impact on the City Budget.
ATTACHMENT:
A. Resolution No. 18-5375
ATTACHMENT A
RESOLUTION NO. 18-5375
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMPLE CITY
ACCEPTING AN IRREVOCABLE OFFER TO DEDICATE A PORTION OF
THE PROPERTIES LOCATED AT 9526 AND 9532 GIDLEY STREET FOR
THE PURPOSE OF PUBLIC STREET RIGHT-OF-WAY
WHEREAS, the California Streets and Highways Code provides that a legislative
body may adopt a resolution to accept a dedication for street and road uses and purposes;
and
WHEREAS, the Temple City Zoning Code authorizes a requirement to dedicate
property for public street purposes to be imposed upon the use of property or issuance of
building permit if the City finds that a street within the city is of insufficient width to properly
accommodate the flow of vehicular traffic; and
WHEREAS, the front 30 feet of the properties located at 9526 and 9532 Gidley
Street was not dedicated to the City of Temple city when the property was originally
subdivided, and the existing public improvements are located on private property; and
WHEREAS, the property owner of 9526 and 9532 Gidley Street has made an
irrevocable offer to dedicate a portion of the properties to the City, by executing the Grant
Deed attached hereto and incorporated herein by this reference, which dedication will
provide a consistent right-of-way width along this block of Gidley Street; and
WHEREAS, the property owner has consented to dedicate a 2,400 square foot
area at the front of the properties as described and depicted in the Grant Deed and the
exhibits thereto; and
WHEREAS, the acceptance of this dedication public street right-of-way is
necessary for the public interest and convenience; and
WHEREAS, the acceptance of the dedication for the purpose of public street right-
of-way is in conformity with the City's Mid-Century General Plan; and
WHEREAS, pursuant to the California Environmental Quality Act ("CEQA"), City
staff determined that the acceptance of dedication for the purposes of the public right-of-
way (the "Project") is covered by the general rule, pursuant to Section 15061 (b )(3) of the
State CEQA Guidelines, that CEQA only applies to projects which have the potential for
causing a significant effect on the environment, and there is no possible significant effect
directly related to the Project; and
WHEREAS, all legal prerequisites to the adoption of this Resolution have
occurred.
Resolution No. 18-5375
Page 2 of 2
NOW, THEREFORE, the City Council of the City of Temple City does hereby
resolve as follows:
SECTION 1. The City Council finds, from all the evidence submitted, that the
acceptance of the offer of dedication for the purpose of public street right-of-way at 9526
and 9532 Gidley Street is necessary pursuant to the California Streets and Highways
Code and Temple City Zoning Code.
SECTION 2. The City of Temple City hereby accepts the irrevocable offer of
dedication for the purpose of public street right-of-way.
SECTION 3. The City Clerk shall certify to the passage and adoption of this
Resolution.
PASSED, APPROVED, AND ADOPTED on this 18th day of December, 2018.
ATTEST:
Peggy Kuo, City Clerk
STATE OF CALIFORNIA)
COUNTY OF LOS ANGELES) ss
CITY OF TEMPLE CITY)
William Man, Mayor
APPROVED AS TO FORM:
Eric S. Vail, City Attorney
I hereby certify that the foregoing resolution, Resolution No. 18-5375, was duly passed,
approved, and adopted by the City Council of the City of Temple City at a regular meeting
held on the 18th day of December, 2018, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Councilmember-
Councilmember-
Councilmember-
Councilmember-
Peggy Kuo, City Clerk
REQUESTED BY AND
WHEN RECORDED MAIL TO:
CITY CLERK
City of Temple City
9701 Las Tunas Drive
Temple City, CA 91780
APN:
NO FEE per G.C. 6103
----------------------------~-------------SPACE ABOVE FOR RECORDER'S
GRANT DEED
FOR A VALUABLE CONSIDERATION, the receipt of which is hereby aclmowledged, Peter Hong,
("Grantor"), hereby GRANTS to the CITY OF TEMPLE CITY, a municipal corporation, ('~Grantee"), the
real property in the City of Temple City, County of Los Angeles, State of California, for street and highway
purposes and appurtenant facilities, described as follows:
See Exhibits "A" and "B" attached hereto and made a part hereof.
DATE: Jl-/0 -1.ol3
Grantor (Owner): ~Peter Hong
By: --~ ------~~~4-----~~--7.----------
By: __________________________ ~
This is to certifY that the interest in the real property conveyed by the within instrument to the City of Temple
City, California, a municipal corporation, is hereby accepted by order of the City Council, and grantee consents
to the recordation thereof by its duly authorized officer.
CITY OF TEMPLE CITY
By:
--------~--~~---------------City Clerk
Date: ------------------------------
Location:
File No.:
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
A notary public or other officer completing this certificate verifies only the identity of the Individual who signed the document to which
this certificate is attached, and not the truthfulness, accuracy, or validity of that document. ·· .. · .. ,
State of California }
County of Los Angeles }
.. , ::.
On Vewtt-1 h&:-/ b , 10 I 0 before me, Sheldon ~eisser, Notary Public, personally appeared
p;-&v · /duVlJ · . -1--6
who proved to me on the basis of satisfactory evidence to be the person(IS) whose name6S)
is/~e subscribed to the within instrument and acknowledged to me that he/~e/they executed
the same in his/~r/tf)eir authorized capacity(ij!'s), and that by his/i;er/tl;!Etir signature('ji} on the
instrument the person(¢), or the entity upon behalf of which the person(~ acted, executed the
instrument. ·
I certify under PENALTY OF PERJURY under the-laws of the State of California that the
foregoing paragraph is true and correct.
OPTIONAL
Although the qata below is not required by law, it may prove valuable to persons relying on the document and could prevent the
fraudulent reattachment of this form to another document.
DESCRIPTION OF ATTACHED DOCUMENT
TITLE OR ryE OF D09UMENT: L
UtcJVIt Dee~ Tvqc1 No. . I
NUMBER OF PAGES: ___ 3 ____ _
DOCUMENT DATE:._;_· -,,.,_._.D<::::.._!--/-"'-0---'--"/ ~~-
SIGNE~S) OTHER THAN NAMED ABOVE: . · · I ft --..
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EXHIBIT "A"
STREET DEDICATION
LEGAL DESCRIPTION
THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE COUNTY OF LOS ANGELES, STATE OF
CALIFORNIA AND IS DESCRIBED AS FOLLOWS:
THE NORTHEASTERLY 30.00 FEET OF THE FOLLOWING DESCRIBED PARCEL:
PARCEL "A":
THAT PORTION OF THE RANCHO SAN FRANCISQUITO, IN THE COUNTY OF LOS ANGELES, STATE OF
CALIFORNIA, AS PER MAP RECORDED IN BOOK 1 PAGES 31 AND 32 OF PATENTS, IN THE OFFICE OF
THE COUNTY RECORDER OF SAID COUNTY, DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT IN THE SOUTHERLY LINE OF TRACT NO. 12998, AS SHOWN ON MAP
RECORDED IN BOOK 264 PAGES 24 AND 25 OF MAPS, IN THE OFFICE OF SAID RECORDER DISTANT
ALONG SAID SOUTHERLY LINE NORTH 68'17'00" WEST 654.69 FEET FROM THE MOST SOUTHERLY
CORNER OF LOT 68 OF SAID TRACT NO. 12998; THENCE ALONG SAID SOUTHERLY LINE NORTH
68'17'00" WEST 80.00 FEET; THENCE SOUTH 21'43'00" WEST 265.33 FEET TO THE SOUTHWESTERLY
LINE OF THE LAND DESCRIBED IN THE CERTIFICATE OF TITLE NO. A-3660 FILED IN THE OFFICE OF THE
REGISTRAR OF TITLES OF SAID COUNTY; THENCE ALONG SAID SOUTHWESTERLY LINE, SOUTH 68'07'30"
EAST 80.00 FEET TO A LINE THAT BEARS SOUTH 21'43'00" WEST FROM THE POINT OF BEGINNING;
THENCE NORTH 21'43'00" EAST 265.55 FEET TO THE POINT OF BEGINNING.
THE ABOVE DESCRIBED LAND CONTAINS 2,400 SQUARE FEET, MORE OF LESS.
ALL AS MORE PARTICULARLY SHOWN ON EXHIBIT "B" ATTACHED HERETO AND MADE A PART HEREOF.
THIS DESCRIPTION WAS PREPARED BY ME OR UNDER MY DIRECTION,
IN CONFORMANCE WITH THE PROFESSIONAL LAND SURVEYORS' ACT.
8-22-18
DATE
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LEGEND:
EXHIBIT "B"
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POINT OF BEGINNING
LAND TO BE DEDICATED TO
STREET RIGHT OF WAY
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\ MlBt 264/24-25
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2,400 SQUARE FEET lOT 66 \
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734.69\
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P.O.B.
PARCEL "A"
NOTE:
THIS MAP WAS COMPILED FROM RECORD DATA
PER THE DOCUMENT ENTITLED "GRANT DEED"
RECORDED OCTOBER 28, 2016 AS INSTRUMENT
NO. 20161335239, OFFICIAL RECORDS.
LEGAL DESCRIPTION:
THAT PORTION OF THE RANCHO SAN FRANCISQUITO, IN
THE COUNTY OF LOS ANGELES, STATE OF CALIFORNIA,
AS PER MAP RECORDED IN BOOK 1 PAGES 31 AND 32
OF PATENTS, IN THE OFFICE OF THE COUNTY RECORDER
OF SAID COUNTY .
OWNER:
PETER HONG
0
THIS MAP WAS PREPARED BY
ME OR UNDER MY SUPERVISION.
8-22-18
92630
_L _________ __J_ -949/597-3577
S 68'07'30" E 80.00' FAX 949/597-3579
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J.N. 2018-111