HomeMy WebLinkAbout1Z OCRCity Council Staff Ref)orl
DATE: November 12, 2020 CONSENT CALENDAR
SUBJECT: SUMMARY VACATION OF THE PORTION OF THE SOUTH HALF OF
PUBLIC RIGHT-OF-WAY FOR 16TH AVENUE (44 FT. HALF-STREET
WIDTH) LOCATED BETWEEN DIABLO ROAD AND MELISSA ROAD AND
NORTH OF INTERSTATE 10 IN SECTION 9, TOWNSHIP 3, RANGE 4
EAST; ENGINEERING FILE R 20-16-62450.
FROM:
BY:
SUMMARY:
David H. Ready, City Manager
Development Services Department
The California Streets and Highways Code Division 9, Part 3, Chapter 4, Section 8333
(a) and (c) allows the City to consider summarily vacating public streets under certain
conditions. In this case, the City Council may summarily vacate a previously dedicated
public street, which was never constructed, through the adoption of a Resolution without
a Public Hearing.
RECOMMENDATION:
1. Open the public hearing and review Consent Agenda.
2. Adopt Resolution No. __ "A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF PALM SPRINGS, CALIFORNIA, APPROVING A SUMMARY VACATION
AND ABANDONING ALL OF ITS RIGHT, TITLE AND INTEREST IN THE PORTION
OF THE SOUTH HALF OF PUBLIC RIGHT-OF-WAY FOR 16TH AVENUE (44 FT.
HALF-STREET WIDTH) LOCATED BETWEEN DIABLO ROAD AND MELISSA
ROAD AND NORTH OF INTERSTATE 10 IN SECTION 9, TOWNSHIP 3, RANGE 4
EAST; ENGINEERING FILER 20-16-62450, AND APPROVING A DETERMINATION
THAT THE ACTION IS CATEGORICALLY EXEMPT FROM THE CALIFORNIA
ENVIRONMENTAL QUALITY ACT (CEQA)"
BUSINESS PRINCIPAL DISCLOSURE:
The Public Integrity Disclosure Form from D & E Land Company, LLC (Attachment 1 ).
ITEMNO • .1. z_
2City Council Staff Report November 12, 2020 --Page 2 Summary Vacation of Public Right-of-Way for a portion 16th Avenue BACKGROUND: On September 1, 2020, staff received an application from D & E Land Company, LLC to vacate the portion of the south half of public right-of-way for 16th Avenue (44 ft. half-street width) between Diablo Road and Melissa Road. This section of right-of-way is located north of Interstate 10 between State Route 62 to the west and Indian Canyon Drive to the east as shown on location and vicinity maps below. D & E Land Company, LLC owns the parcel of land that this right-of-way traverses and wishes to not be encumbered by unused right-of-way for future development with their property. l .lROAO I NORTH ~· ~ a2 C z 0 > 041onFU :-•• Z u, .. 111t,u,\ 5 I I.. -·z-··-··-· ~-j.::· I -....._ __ , ____ -··---VICINITY MAP LOCATION MAP
3City Council Staff Report November 12, 2020 --Page 3 Summary Vacation of Public Right-of-Way for a portion 16th Avenue STAFF ANALYSIS: The road within this section of 16th Avenue public right-of-way is unimproved and only used by the property owner. The road was annexed by the City of Palm Springs from Riverside County with the 1992 LAFCO annexation that included sections 8, 9, 15, & 16, in Township 3 North, Range 4 East located north of Interstate 10. The City has no plans to improve the road and the windmill development that has taken place does not warrant access by the general public nor improvements of pavement, curb, gutter, and sidewalk. The California Streets and Highways Code Division 9, Part 3, Chapter 4, Section 8333 allows the City to consider summarily vacating public streets under the following conditions: (1) The easement has not been used for the purpose for which it was dedicated or acquired for five consecutive years immediately preceding the proposed vacation; and (2) The easement has been determined to be in excess by the easement holder, and there are no public facilities located in the easement. Public utility agencies within the vicinity were contacted regarding the requested vacation. All of them confirmed they have no in-place public utility facilities in use within 16th Avenue that would be affected by the vacation. Staff recommends that the City Council adopt the Resolution (Attachment 2), which will vacate the portion of the south half of public right-of-way for 16th Avenue (44 ft. half-street width) between Diablo Road and Melissa Road north of Interstate 10, within Section 9, Township 3 South, Range 4 East. ENVIRONMENTAL IMPACT: Section 21084 of the California Public Resources Code requires Guidelines for Implementation of the California Environmental Quality Act ("CEQA"). The Guidelines are required to include a list of classes of projects which have been determined not to have a significant effect on the environment and which are exempt from the provisions of CEQA. In response to that mandate, the Secretary for Resources identified classes of projects that do not have a significant effect on the environment, and are declared to be categorically exempt from the requirement for the preparation of environmental documents. In accordance with Section 15301 "Existing Facilities," Class 1 projects consist of the operation, repair, maintenance, permitting, leasing, licensing, or minor alteration of existing public structures, facilities, mechanical equipment or topographical features involving negligible or no expansion of use beyond that existing at the time of the lead agency's determination. Therefore, in accordance with Section 15301 (c), staff has determined that the summary vacation of public right-of-way for 16th Avenue, is considered categorically exempt from CEQA and Notices of Exemption will be prepared and filed with the Riverside County Clerk. FISCAL IMPACT: The proposed action will eliminate any maintenance or liability obligations imposed on the City related to existing public street.
4<.....: City Council Staff Report November 12, 2020 --Page 4 Summary Vacation of Public Right-of-Way for a portion 16th Avenue SUBMITTED: f;= l ~c FMF~gg, AICP' ' Director of Development Services David H. Ready, Ph.D. City Manager Attachments: 1. Public Integrity Disclosure 2. Resolution & Exhibits Marcus L. Fuller, MPA, PLS, PE Assistant City Manager
5Attachment 1
6PUBLIC INTEGRITY DISCLOSURE APPLICANT DISCLOSURE FORM 1. Name of Entity C,t:1 /,l ~ ., ' I 2. Address of Entity (Principle Place of Business) 1 t:'t,f_S" ~-/A I. 1,. 17-, L/./~7,1t, WA--'// /?111. (,.,_ 5;r,rv;f, .C /4 . 7 22 ~7-3. Local or California Address (if different than #2) 4. State where Entity is Registered with Secretary of State If other than California, is the Entitv also registered in California~ Yes n No 5. Type of Entity C D Corporation ~Limited Liability Company D Partnership D Trust D Other (please specify) 6. Officers, Directors, Members, Managers, Trustees, Other Fiduciaries (please specify) Note: If any response is not a natural person, please identify all officers, directors, members, managers and other fiduciaries for the member, manager, trust or other entity --~-~_..,, __ /".._)('_t_i b_,_~ 7 _ __,A'---'--------D Officer D Director D Member D Manager ( [name] D General Partner D Limited Partner •Other ____________ _ _________________ D Officer D Director D Member D Manager [na D General Partner D Limited Partner •Other ____________ _ ___________________ D Officer D Director D Member D Manager (Revised 05/16/19) [na D General Partner D Limited Partner •Other ____________ _ CITY OF PALM SPRINGS -PUBLIC INTEGRITY DISCLOSURE APPLICANT DISCLOSURE FORM Page 1 of 2
7EXAMPLE JANEDOE [name of owner/investor] A. B. C. D. E. [name of owner/investor] 50%, ABC COMPANY, Inc. [percentage of beneficial interest in entity and name of enti [percentage of beneficial interest in entity and name of enti [percentage of beneficial interest in entity and name of enti [percentage of beneficial interest in entity and name of enti [percentage of beneficial i_nterest in en.tity · · and name of enti [percentage of beneficial interest in entity and name of enti I DECLARE UNDER PENALTY OF PERJURY UNDER THE LAWS OF THE STATE OF CALIFORNIA THAT THE FOREGOING IS TRUE AND CORRECT. Date PENALTIES Falsification of information or failure to report information required to be reported may subject you to administrative action by the City. (Revised 05/16/19) CITY OF PALM SPRINGS-PUBLIC INTEGRITY DISCLOSURE APPLICANT DISCLOSURE FORM Page 2 of 2
8EXHIBIT "A" TO CITY OF PALM SPRINGS PUBLIC INTEGRITY DISCLOUSRE APPLICANT DISCLOSURE FORM FILE NUMBER R 20-16-62450 1. Managers and Members of D&E Land Co., LLC., a Delaware limited liability company: a. Frederick W. Noble, Manager b. Member Names and Percentage Interest Member Name Percentage Interest Frederick W. Noble 5.00% The Noble 2012 Irrevocable Trust 44.00% Frederick W. Noble, Jr 12.75% Jonathan J. Noble 12.75% Edward T. Noble 12.75% Jonathan J. Noble, as Trustee for the Holly J. 12.75% Noble Irrevocable Trust 2. Trustees of The Noble 2012 Irrevocable Trust a. Frederick W. Noble, Jr b. Jonathan J. Noble c. Edward T. Noble
9Attachment 2
10RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING A SUMMARY VACATION AND ABANDONING ALL OF ITS RIGHT, TITLE AND INTEREST IN THE PORTION OF THE SOUTH HALF OF PUBLIC RIGHT-OF-WAY FOR 16TH AVENUE (44 FT. HALF-STREET WIDTH) LOCATED BETWEEN DIABLO ROAD AND MELISSA ROAD AND NORTH OF INTERSTATE 10 IN SECTION 9, TOWNSHIP 3, RANGE 4 EAST; ENGINEERING FILE R 20-16-62450, AND APPROVING A DETERMINATION THAT THE ACTION IS CATEGORICALLY EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA). THE CITY COUNCIL OF THE CITY OF PALM SPRINGS FINDS AND DETERMINES: A. The California Streets and Highways Code Division 9, Part 3, Chapter 4, Section 8333 (a) and (c) allows the City to consider summarily vacating public streets under certain conditions. In this case, the City Council may summarily vacate a public street through the adoption of a Resolution, without a Public Hearing. B. In accordance with California Streets and Highways Code Section 8313 and California Government Code Section 65402, the proposed vacation and abandonment of the portion of the south half of public right-of-way for 16th Avenue (44 ft. half-street width), between Diablo Road and Melissa Road north of Interstate 10, is scheduled for review by the City of Palm Springs Planning Commission on November 18, 2020. C. City Council approval of this resolution, approving the summary vacation and abandonment of the portion of the south half of public right-of-way for 16th Avenue (44 ft. half-street width), between Diablo Road and Melissa Road north of Interstate 10, is subject to a General Plan consistency finding by the Planning Commission at its November 18, 2020 meeting. D. The City Council has considered all evidence submitted concerning the subject public right-of-way, being the vacated area described on Exhibit "A" and the shown on Exhibit "B", attached hereto and made a part hereof, and determined that the portion of the south half of public right-of-way for 16th Avenue (44 ft. half-street width), between Diablo Road and Melissa Road north of Interstate 10, is unnecessary for present or prospective public use. E. Section 21084 of the California Public Resources Code requires Guidelines for Implementation of the California Environmental Quality Act ("CEQA"), and pursuant to the CEQA Guidelines, Section 15301 "Existing Facilities," Class 1 projects consist of the minor alteration of existing public structures or topographical features involving negligible or no expansion of use beyond that existing at the time of the lead agency's determination.
11Resolution No. Page 2 F. In accordance with Section 15301(c) of the CEQA Guidelines, the City Council has determined that approval of the requested right-of-way vacation is considered categorically exempt from CEQA. THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, DOES HEREBY RESOLVE AS FOLLOWS: Section 1. The findings and determinations reflected above are true and correct, and are incorporated by this reference herein as the cause and foundation for the action taken by and through this Resolution. Section 2. The City Council does hereby find that the proposed summary vacation and abandonment of the portion of the south half of public right-of-way for 16th Avenue (44 ft. half-street width), between Diablo Road and Melissa Road north of Interstate 10, as described in Exhibit "A" and depicted in Exhibits "B", attached hereto and made a part hereof, (hereafter the "Vacated Area"), is unnecessary for present or prospective public use. Section 3. Subject to Section 5, the City Council does hereby vacate and abandon all the City's right, title and interest in the Vacated Area, and that from and after the date this Resolution is recorded in the records of the Riverside County Recorder, that the Vacated Area shall no longer constitute a public street. Section 4. Subject to Section 5, the City Clerk is hereby directed to cause a certified copy of this Resolution, attested by him under the seal of the City, to be recorded in the Office of the County Recorder of Riverside County. Section 5. In accordance with California Streets and Highway Code Section 8313 and California Government Code Section 65402, the proposed summary vacation and abandonment of the portion of the south half of public right-of-way for 16th Avenue (44 ft. half-street width), between Diablo Road and Melissa Road north of Interstate 10, will be considered and reviewed for consistency with the General Plan by the City of Palm Springs Planning Commission on November 18, 2020. As a local street on the City's General Plan, the summary vacation of 16th Avenue is not in conflict with the General Plan, and adoption of this Resolution is contingent on the Planning Commission's finding. Section 6. The City Council hereby determines that the action undertaken by this Resolution vacating and abandoning, subject to Section 4, all the City's right, title and interest in the Vacated Area, is categorically exempt from CEQA pursuant to Section 15301 (c) "Existing Facilities," as a Class 1 project consisting of the minor alteration of existing public structures or topographical features involving negligible or no expansion of use beyond that existing at the time of the City Council's determination.
12Resolution No. Page 3 ADOPTED this 12th day of November 2020. ATTEST: ANTHONY MEJIA, CITY CLERK City of Palm Springs, California DAVID H. READY, CITY MANAGER City of Palm Springs, California
13Resolution No. Page4 CERTIFICATION STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss. CITY OF PALM SPRINGS ) I, ANTHONY MEJIA, City Clerk of the City of Palm Springs, hereby certify that Resolution No. _____ is a full, true and correct copy, and was duly adopted at a regular meeting of the City Council of the City of Palm Springs on November 12, 2020, by the following vote: AYES: NOES: ABSENT: ABSTAIN: ANTHONY MEJIA, CITY CLERK City of Palm Springs, California
14EXHIBIT "A" -LEGAL DESCRIPTION SHEET 1 OF 1 16th AVENUE VACA TIC>N BEING A PORTION OF THE NORTHWEST QUARTER OF SECTION 9, LYING NORTHERLY OF THE NORTHERLY RIGHT-OF-WAY OF DILLON ROAD, TOWNSHIP 3 SOUTH, RANGE 4 EAST, SAN BERNARDINO BASE AND MERIDIAN, CITY OF PALM SPRINGS, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, AS SHOWN ON RECORD OF SURVEY RECORDED JUNE 5, 2001 IN BOOK 111 OF RECORDS OF SURVEY PAGES 31 AND 32 IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF SAID SECTION 9, ALSO BEING THE CENTERLINE INTERSECTION OF DIABLO ROAD AND 16TH AVENUE; THENCE S 89°57'26" E ALONG THE CENTERLINE OF 16TH AVENUE, A DISTANCE OF 50 FEET TO THE TRUE POINT OF BEGINNING; THENCE S 00°10'33" E, PARALLEL WITH THE CENTERLINE OF DIABLO ROAD, A DISTANCE OF 67.09 FEET; THENCE N 44°56'02" E, A DISTANCE OF 32.59 FEET TO A POINT44.00 FEET SOUTHERLY OF THE CENTERLINE OF 16TH AVENUE AS MEASURED AT RIGHT ANGLES; THENCE S 89°57'26" E, PARALLEL WITH AND DISTANT 44.00 FEET, AS MEASURED AT RIGHT ANGLES, SOUTHERLY OF THE CENTERLINE OF 16TH AVENUE, A DISTANCE OF 2,801.22 FEET; THENCE S 47°27'31" E, A DISTANCE OF 33.63 FEET TO A POINT 30.00 FEET WESTERLY OF THE CENTERLINE OF MELISSA LANE, AS MEASURED AT RIGHT ANGLES; THENCE N 00°10'33" W, PARALLEL WITH AND DISTANT 30 FEET, AS MEASURED AT RIGHT ANGLES, WESTERLY OF THE CENTERLINE OF SAID MELISSA AVENUE, A DISTANCE 66.72 FEET TO A POINT ON THE CENTERLINE OF SAID 16TH AVENUE; THENCE N 89°57'26" W, ALONG THE CENTERLINE OF SAID 16TH AVENUE, A DISTANCE OF 2,849.02 FEET THE TRUE POINT OF BEGINNING. CONTAINING 2.89 ACRES, MORE OR LESS, AND AS SHOWN ON EXHIBIT B ATTACHED HERETO AND MADE A PART HEREOF. CARLOS UREf;;IA P.L.S. 8234 EXPIRES 12/3112022 10/19/2020 R20-16-62450 ASSESSOR'S PARCEL NUMBER: 668-270-013
15TPOB 4 EXHIBIT "B" -MAP 2929.02') L1--,:-/\f \ \ ·····L2 b 8 E) I"") 2801.22' \···L4 0 O> tO O> I{') C\I 8 E) 50' ( ... ) \_ ~ _1_ - -\ \ SOUTHERN CALIFORNIA EDISON TRANSMISSION LINE EASEMENT \ < RECORDED MARCH 12 1991 INSTRUMENT NO. 80786 ~ci \ ' \ \ \ \ PARCEL A 9, \ \ COC 17-02A ~ DOC. #2017-0429897 ~~ \ \ ~~ \ > SOUTHERN CALIFORNIA EDISON__/2 \ TRANSMISSION LINE EASEMENT \ \ RECORDED OCTOBER 30, 1973 INSTRUMENT NO. 141751 \ \ INDICATES RECORD DATA PER BOOK 111 RECORD OF SURVEY PAGES 31 -32 \ \ \ \ \ \ .... CJ) 110 "It 30' O>,... No .... "It I CJ) Oo aoan I,-.. O>,... ,-..N No b -, "It I co 0110 -00 0) NCO o I,-.. ==ll=co ~ ,-..N 0 co cJz «> ...-I C\I 00110 oa.. co NCO u.J 04' N =-=co oz z Oa.. <( 04( ....J <( l.&J (/) z ::J I (/) ~ ....J u.J ~ 3: I"") I"") 0 b 0 z 3: ;,. I{') in p 0 0 z ( N89"42'32"W ---------------i------i-----CARLOS URE~A EXPIRES 1213112022 10/19/2020 P.L.S. 8234 2929.12' ) DILLON RD f ZZZJVACATED AREA: 125,904 SF OR 2.89 ACRES APPROVED: LINE DATA BEARING DISTANCE L1 L2 L3 L4 s oo· 10· 33• E 67.09' N 44" 56' 02' E 32.59' S 47 27' 31' E 33.63' N oo· 10· 33• E 66.72' ASSESSOR'S PARCEL NUMBERS: 668-270-013 668-270-014 & 668-270-015 CITY OF PALM SPRINGS ENGINEERING SERVICES ERIK T. HOWARD ENGINEERING RESOURCES INC. P.L.S. ~.::.:.:.....:.:....:..:.:.:.:.:.::.:.::.a....:::.:.:.:.:::.;==.:......:.==.:..:.=~=.:....-....;..;.;;~---1 DATE 7648 DRAWN BY: SCALE: CPS FILE NO. CSG AS NOTED R20-16-62450 LEGAL DESCRIPTION SEE EXHIBIT "A" CHECKED BY: DATE: 10/19/20 SHEET NO. 1 OF 1