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Home My WebLink About24949RESOLUTION NO. 24949 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 A 20 FT. WIDE INGRESS/EGRESS EASEMENT FOR SERVICE & EMERGENCY VEHICLES WITHIN PARCELS 2 & 3, OF PARCEL MAP NO. 36446, MAP BOOK 238/31-34, IN SECTION 15, TOWNSHIP 4, RANGE 4 EAST, ENG. FILE R 21-17-0201, 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 DOES HEREBY FIND AS FOLLOWS: WHEREAS, the California Streets and Highways Code Division 9, Part 3, Chapter 4, Section 8333 (a) and (c) allows the City to consider summarily vacating a public service easement under certain conditions. In this case, the City Council may summarily vacate a 20 ft. wide Ingress/Egress Easement for Service and Emergency Vehicles determined to be excess by the easement holder and there are no public facilities located within the easement through the adoption of a Resolution, without a Public Hearing. WHEREAS, the City of Palm Springs reserved a 20 ft. wide Ingress/Egress Easement for Service and Emergency Vehicles (Access Easement) straddling the lot line between Parcel 2 and Parcel 3 (10 ft. wide on each said parcel) on Parcel Map No. 36446, recorded in Map Book 238/31-34, within a portion of Section 15, Township 4 South, Range 4 East, SBB&M, on December 15, 2014. WHEREAS, the final constructed pedestrian walkway and raised planters narrows the physical access width from 20 ft. wide to 16 ft. wide, and a field review by the Palm Springs Fire Marshall confirmed the existing constructed configuration with the Access Easement is too narrow for a fire engine to access the walkway from either Museum Way or Andreas Road. WHEREAS, pursuant to Section 65402 of the California Government Code, the Planning Commission found that the summary vacation of the Access Easement straddling the lot line between Parcel 2 and Parcel 3 (10 ft. wide on each said parcel) on Parcel Map No. 36446, is consistent with 2007 General Plan on October 13, 2021 by approving passage of Planning Commission Resolution No. 6881. WHEREAS, the City Council has considered all evidence submitted concerning the subject Access Easement, being the vacated area shown on Exhibit "A", attached hereto and made a part hereof, and determined that the 20 ft. wide easement, is unnecessary for present or prospective public use as an Ingress/Egress for Service and Emergency Vehicles. Resolution No. 24949 Page 2 WHEREAS, 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. WHEREAS, 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 recognizes that a 20 ft. wide Ingress/Egress Easement for Service and Emergency Vehicles (Access Easement) straddling the lot line between Parcel 2 and Parcel 3 (10 ft. wide on each said parcel) on Parcel Map No. 36446, recorded in Map Book 238/31-34, within a portion of Section 15, Township 4 South, Range 4 East, SBB&M, on December 15, 2014. SECTION 3. The City Council recognizes that in accordance with California Government Code Section 65402, on October 13, 2021, the Planning Commission found that the summary vacation of the Access Easement found on said Parcel Map No. 36446, is consistent with 2007 General Plan by approving passage of Planning Commission Resolution No. 6881. SECTION 4. The City Council recognizes that a field review by the Palm Springs Fire Marshall confirmed the existing constructed configuration with the Access Easement is too narrow for a fire engine to access the easement from either Museum Way or Andreas Road, and that adequate access will be maintained at the perimeter of the block. SECTION 5. The City Council has considered all evidence submitted concerning the subject Access Easement shown on Exhibit "A", attached hereto and made a part hereof, and determined that the Access Easement, is excess and unnecessary for present or prospective public use as an Ingress/Egress for Service and Emergency Vehicles. 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. Resolution No. 24949 Page 3 PASSED, APPROVED AND ADOPTED BY THE PALM SPRINGS CITY COUNCIL THIS 28th DAY OF OCTOBER, 2021. \,,a, -- JUSTIN IFTON, CI1Y MANAGER ATTEST: CERTIFICATION STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss. CITY OF PALM SPRINGS) I, ANTHONY J. MEJIA, City Clerk of the City of Palm Springs, hereby certify that Resolution No. 24949 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 October 28, 2021, by the following vote: AYES: Councilmembers Garner, Kors, Woods, Mayor Pro Tern Middleton, and Mayor Holstege NOES: None ABSENT: None ABSTAIN: None IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Palm Springs, California, this -?Lrl) day of �. . , :- , y;, t Av�� -� ony J. ejia, y Clerk City of Palm prings, California I EXHIBIT "A" �I 7acA •O'er--»` ---'— 9 � milt F x �qcl s i .SYIt i FI I ` �� tl• .Za-LK LQCAAC.ech •• � � � s oum� 7e � .�N �W I � � � 16T �)---- a �— a- �' 7mn6" Ag 5 —.0 a I X"=— m1O7g ' 6 )[C-- ,f+ �'� 96i: z� oar i §. �,——Fc•ssr��— — t— — — � I iSiA01w I SS8aB620 ZIOZ�d II9� I I I I A Ifggq\� Q� �- 04 ------------------ you --------- AOSlC ,LS, 7Y 710J• 107107 ^ i OUL `H tar 7aozv ear .IL — — — — -'•"'--'---' xlazf ----_-Pi z'-.go*"- �-..._....... _ _ p�. 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