Agenda Report
Fullerton City Council
MEETING DATE: AUGUST 6, 2024
TO: CITY COUNCIL / SUCCESSOR AGENCY
SUBMITTED BY: stephen bise, p.e., public works director PREPARED BY: DAVID GRANTHAM, P.E., CITY ENGINEER
SUBJECT: ash avenue street right of way dedication
SUMMARY
Consideration of a resolution authorizing acceptance of a street right of way dedication offer within Tract 3641 boundary.
PROPOSED MOTION
Adopt Resolution No. 2024-XXX.
RESOLUTION NO. 2024-XXX – A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FULLERTON, CALIFORNIA, ACCEPTING PREVIOUSLY REJECTED DEDICATION OFFER FOR FUTURE 60-FOOT-WIDE STREET LOCATED SOUTH OF ASH AVENUE CUL-DE-SAC WITHIN TRACT 3641 BOUNDARY, AUTHORIZING THE CITY CLERK TO RECORD A NOTICE OF DEDICATION ACCEPTANCE AND FINDING DEDICATION ACCEPTANCE NOT SUBJECT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT
ALTERNATIVE OPTIONS
Approve the Proposed Motion
Reject the proposed motion
Other options brought by City Council.
STAFF RECOMMENDATION
Staff recommends the Proposed Motion.
CITY MANAGER REMARKS
The City Manager recommends approval.
PRIORITY POLICY STATEMENT
This item matches the following Priority Policy Statement:
Infrastructure and City Assets.
FISCAL IMPACT
Accepting the dedication offer generates no additional fiscal impact. The City has maintained the area as part of the City street system since approximately 1961.
BACKGROUND AND DISCUSSION
Background
Tract Map 3641 created the development that prepared the offer of street dedication in February 1960. The developer, R.C. Jewett Company, originally created the East Ash Avenue portion of the street as an alley with an offer for future street dedication to the City. City Council approved Tract 3641 on March 1, 1960 and accepted the alley but did not accept the 60-foot-wide street dedication (Attachment 2 and 3). Staff does not know why City Council rejected the offer.
The developer constructed Eash Ash Avenue under the assumption that the City accepted the dedication offer, however, staff determined that the City never formerly accepted the East Ash Avenue street right-of-way. The City has maintained the street as part of the public street system since the East Ash Avenue construction.
Proposed Action
Staff recommends City Council adopt a resolution accepting the 60-foot-wide street right-of-way dedication made by Tract 3641, declare that portion of right of way a public street and add to the City Public Street System in accordance with California Government Code Article 3, Section 66477.2(a) (Attachments 1 and 4).
Accepting the 60-foot-wide street dedication and declaring it a public street will have no impact on existing use of adjacent developments, in accordance with Fullerton Municipal Code Section 15.64.100 Nonconforming Use Connected with Public Acquisitions (Attachment 5). This action represents a formality to clear any question on title to the parcels adjoining the subject street right of way and improvements.
Outreach
Staff sent certified mail to the adjacent properties in May 2024, notifying them of the recommended action and requesting receipt of the letter. Staff sent letters to the addresses adjacent to Eash Ash Avenue and mailing addresses listed on the Orange County Assessor Roll. Staff requested residents submit comments and/or questions by June 28, 2024 but received no response or acknowledgment of receipt from either property owner as of July 15, 2024.
Attachments:
Attachment 1 – Draft Resolution No. 2024-XXX
Attachment 2 – Tract 3641
Attachment 3 – Orange County Assessor’s Map
Attachment 4 – Area of Dedication Acceptance
Attachment 5 – Fullerton Municipal Code Section 15.64.100 cc: City Manager Eric J. Levitt
Ash Avenue Street Right of Way Dedication
August 6, 2024 - Page 2