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
Applicant: City of Fullerton
Property Owner:
Fredrickson Enterprises, Inc. (APN: 269-121-08)
Mesa Properties Holding, Inc. (APN: 269-121-09)
WHEREAS, the City of Fullerton received a dedication offer for a future 60- foot-wide street on Tract 3641 Final Map, as shown on Exhibit A (attached).
WHEREAS, City Council approved the Tract 3641 Final Map on March 1, 1960 but rejected the dedication offer for a future 60-foot-wide street without prejudice at that time, as shown on Exhibit A (attached).
WHEREAS, City Council approved Tract 3641 public improvements plans including street improvements within said 60- footwide segment for construction in March 1960. The developer constructed the tract development shortly thereafter, although the City had not accepted the dedication offer at that time.
WHEREAS, the City improved the 60- foot-wide segment currently known as an approximately 112-foot-long portion of Ash Avenue adjacent to the Ash Avenue cul -de- sac on the south with a 44-foot wide asphalt roadway, concrete curb and gutter and eight- foot-wide concrete sidewalk on both sides of the street, as shown on Exhibit A.
WHEREAS, the City has used said segment of Ash Avenue as a public street and maintained as part of the city streets system since 1960.
WHEREAS, it is now appropriate to accept the dedication for street purposes since the City completed the necessary improvements.
WHEREAS, accepting the dedication for public right-of-way purposes does not constitute a “project” under the California Environmental Quality Act (“CEQA”) because the proposed action does not involve commitment to a specific project which may result in potentially significant physical impact on the environment, as contemplated by Title 14 California Code of Regulations Section 15061.
Resolution No. 2024-XXX
WHEREAS, Government Code Section 66477.2(a) provides that, if the legislative body rejects any streets, paths, alleys, easement or rights -of-way for local transit facilities at the time of final map approval, the offers of dedication shall remain open and the legislative body may by resolution at any later date, and without further action by the subdivider, rescind its action and accept and open the streets, paths, alleys or rights -of- way.
WHEREAS, the City notified current owners of the area depicted on Exhibit A of this resolution prior to adoption.
WHEREAS, acceptance of the offer of dedication would carry with it City responsibility for public right-of-way maintenance.
WHEREAS, City Council now desires to accept the offer of dedication for the 60-foot-wide street made on the Final Map for Tract 3641 currently known as a certain portion of Ash Avenue as depicted in Exhibit A.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF FULLERTON RESOLVES AS FOLLOWS:
1. City Council finds the previous recitals true and correct and incorporates as if fully set forth herein.
2. City Council rescinds the action taken on or about March 1, 1960 rejecting the offer for public use of the street, a 60-foot-wide segment currently known as a public street described on Tract Map No. 3641, recorded in Book 51, page 7 (shown on Exhibit A) of Miscellaneous Maps.
3. City Council rescinds the City Manager action on March 2, 1960 rejecting the dedication offer for public right of way and incidental purposes described in Exhibit A.
4. City Council accepts and consents to the irrevocable offer to dedicate and record to the City of Fullerton for public use the right -of-way on Ash Avenue, City of Fullerton for the street shown on Tract Map No. 3641, recorded in Book 51, Page 7 of Miscellaneous Records and authorizes the City Manager to execute any documents necessary to accept dedication of the public right-of-way.
5. City Council finds and determines that accepting dedication for public street purposes does not constitute a “project” under the California Environmental Quality Act (”CEQA”) because the proposed action does not involve commitment to a specific project which may result in potentially significant physical impact on the environment, as contemplated by Title 14 California Code of Regulations Section 15061.
6. The City Clerk shall certify adoption of this resolution and file a certified resolution in the City Clerk's Office.
Resolution No. 2024-XXX
7. The City Clerk shall record a certified copy of this resolution with the Office of the County Recorder of Orange County.
ADOPTED BY THE FULLERTON CITY COUNCIL ON AUGUST 6, 2024.
___________________________
Nicholas Dunlap
Mayor
ATTEST:
___________________________
Lucinda Williams, MMC
City Clerk
___________________________
Date
Attachments:
• Attachment 1 – Exhibit A Tract No. 3641
• Attachment 2 – Exhibit B Street Plan #1291