HomeMy WebLinkAbout1993-04-13 - AGENDA REPORTS - DISPOSITIONS AQUISITIONS (2), ..
City Manager Approval
Item to
CONSENT CALENDAR
DATE: April 13, 1993
SUBJECT: Planning Commission Review of Dispositions and Acquisitions of Propertyfor
Street Purposes
DEPARTMENT: Community Development
BACKGROUND
Government Code Section 65402 requires that acquisitions of real property (by dedication or other
means for street, square, park or other public use) and disposition of property (by vacation or other
means) must be submitted to and reported on by the Planning Commission for a determination as
to whether the proposed action on the property is in conformance with the adopted General Plan.
However, while it is important that the Planning Commission review certain major property
acquisitions and dispositions, often otheracquisitions/dispositions require review, butare relatively
small in scale and need only a staff review for General Plan conformance prior to transmittal to
Council.
For these circumstances, the Government Code provides that if the City Council desires, it may
adopt an ordinance or resolution making this requirement not applicable to: (1) the disposition of
the remainder of a larger parcel which was acquired and used in part for street purposes; (2)
acquisitions, dispositions, or abandonments for street widening; or (3) alignment projects, provided
such dispositions for streetpurposes, acquisitions, dispositions, or abandonments for street
widening, or alignment projects are of a minor nature.
Attached Is a resolution which will allow the City Council to avail itself of these exceptions. Staff
has been advised by the City Attorney that adoption of this resolution does not require a public
hearing, and that it will become effective immediately upon adoption.
RECOMMENDATION
Receive report and adopt Resolution No. 9346.
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Adopted:
Agenda Item:
RESOLUTION NO. 93-46
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA CLARITA, CALIFORNIA,
ESTABLISHING EXCEPTIONS TO THE REQUIREMENT THAT THE PLANNING COMMISSION
REVIEW AND REPORT ON CERTAIN ACQUISITIONS AND DISPOSITIONS
OF PROPERTY FOR STREET PURPOSES.
THE CITY COUNCIL OF THE CITY OF SANTA CLARITA, CALIFORNIA, DOES HEREBY
RESOLVE AS FOLLOWS:
SECTION 1. The City Council finds as follows:
A. Pursuant to Government Code Section 65402, If a General Plan has been adopted for
the City, no real property shall be acquired by dedication or otherwise for street,
square, park, or other public purposes, and no real property shall be disposed of, no
street shall be vacated or abandoned, no public building or structure shall be
constructed or authorized, If the adopted General Plan applies thereto, until the
location, purpose and extent of such a acquisition or disposition, such street vacation
or abandonment, or such public building, or structure have been submitted to and
reported on by the planing agency as to conformity with the adopted General Pian.
B. Government Code Section 65404 further provides that if the City Council so provides,
the requirement of submittal to, and report by, the Planning Commission will not apply
to: (1) the disposition of the remainder of a larger parcel which was acquired and used
In part for street purposes: (2) acquisitions, dispositions, or abandonments for street
widening; or (3) alignment projects, provided such dispositions for street purposes,
acquisitions, dispositions, or abandonments for street widening; or alignment
projects are of a minor nature.
SECTION 2. The City Council does hereby determine and declare as follows:
A. Government Code Section 65402 shall not apply, and the actions described In this
Resolution need not be submitted to, and reported upon by, the Planning Commission
as to conformity with the General Plan.
B. Government Code Section 65402 shall not apply to the following:
1. The disposition of the remainder of a larger parcel which was acquired and used
In part for street purposes:
2. Acquisition, dispositions, or abandonments for street widening; or
3. Alignment projects, provided such dispositions for street purposes, acquisitions,
dispositions , or abandonments for street widening, or alignment projects are
of a minor nature.
C. Determinations as to the applicability of this Resolution to the actions described in
this Resolution will be made by the City Engineer.
Section 3. The City Clerk shall certify to the adoption of this Resolution.
PASSED, APPROVED AND ADOPTED this dayof 1993.
Mayor
ATTEST:
City Clerk
STATE OF CALIFORNIA)
COUNTY OF LOS ANGELES) §
CITY OF SANTA CLARITA)
I, . DO HEREBY CERTIFY that the above and foregoing
Resolution was duly adopted. by the City Council of the City of Santa Ciarita at a regular meeting
thereof, held on the day of 1993 by the following vote of
Council:
AYES: COUNCILMEMBERS:
NOES: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
City Clerk
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