HomeMy WebLinkAbout2CCITY COUNCIL STAFF REPORT
DATE: February 10, 2022 PUBLIC HEARINGS
SUBJECT: VACATION OF A PORTION OF THE PUBLIC RIGHT-OF-WAY OF
GRANVIA VALMONTE LOCATED BETWEEN INDIAN CANYON DRIVE
AND VIA CHICA IN SECTION 11, TOWNSHIP 4 SOUTH, RANGE 4 EAST;
ENGINEERING FILE R 21-21-0276.
FROM: Justin Clifton, City Manager
BY: Development Services Department
SUMMARY:
The California Streets and Highways Code Division 9, Part 3, Chapter 3, Section 8320
allows the City to consider vacating public streets under certain conditions. In this case,
the City Council may vacate a previously dedicated public street and service easements
through the adoption of a R esolution after holding a Public Hearing. In 2008, Tract Map
31104 (Planning Case No. 5.1012) proposed a partial vacation of the north side of
Granvia Valmonte, the south side of Via Alta Mira, and the west side of Via Ch ica reducing
the Right-of-Way width of the streets to a 45 ft. full-street width by vacating 20 feet of
existing Right-of-Way. The applicant wishes to also vacate 20 feet of Right-of-Way
frontage in front of his home at 276 Granvia Valmonte, adjacent to th e Triada Hotel.
RECOMMENDATION:
1.Open the public hearing and take testimony; and
2.Adopt Resolution No. ____, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF PALM SPRINGS, CALIFORNIA, APPROVING A VACATION AND ABANDONING
ALL OF ITS RIGHT, TITLE AND INTEREST IN A PORTION OF RIGHT-OF-WAY
FOR GRANVIA VALMONTE, LOCATED AT 276 GRANVIA VALMONTE, AT THE NW
CORNER OF GRANVIA VALMONTE AND VIA CHICA, IN SECTION 11, TOWNSHIP
4, RANGE 4 EAST ENGINEERING FILE R 21 -21-0276, AND APPROVING A
DETERMINATION THAT THE ACTION IS CATEGORICALLY EXEMPT FROM THE
CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA).”
BACKGROUND:
Item 2C - 1
City Council Staff Report
February 10, 2022 -- Page 2
Right of Way Vacation - Granvia Valmonte
Granvia Valmonte was originally dedicated with a 65 ft. full street width p ublic Right-of-
Way within the Palm Springs Estates map and recorded February 9, 1927.
On April 13, 2005, the Planning Commission approved Case No. 5.1047, the Movie
Colony Traffic Calming Plan, limiting through traffic from Indian Canyon Drive by the
reduction of the Public Right-of-Way and street widths, the addition of traffic circles, and
the reconfiguration of some streets to one-way only. Subsequently, the City Council
approved the Movie Colony Traffic Calming Plan on June 15, 2005 by Minute Order No.
7690.
In 2008, a Condition of Approval for Tract Map 31104 (Planning Case No. 5.1012)
proposed a partial vacation of the north side of Granvia Valmonte, the south side of Via
Alta Mira, and the west side of Via Chica. Tract Map No. 31104 reduced the Right-of-Way
width of the streets to a 45-foot full-street width by vacating 20 feet of existing Right-of-
Way. On February 13, 2008, the City Council passed Resolution No. 22159, approving
Tract Map No. 31104. Although this left these local roads in non -compliance with the
Circulation Element of the General Plan (50 ft. full-street width is required for a Local
Road), this was consistent with the Movie Colony Traffic Calming Plan approved by the
City Council on June 15, 2005.
VICINITY MAP
GRANVIA VALMONTE N PALM CANYON DRIVE NORTH
TAMARISK ROAD
ALEJO ROAD N INDIAN CANYON DRIVE N BELARDO ROAD N VIA MIRALESTE
Item 2C - 2
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City Council Staff Report
February 10, 2022 -- Page 3
Right of Way Vacation - Granvia Valmonte
AERIAL MAP
The applicant, Thomas Gardner, who owns the adjoining lot at 276 Granvia Valmonte,
shown as Lot 5, Block C of Palm Springs Estates Map, wishes to vacate 20 feet to match
the vacation of Public Right-of-Way of Granvia Valmonte west of his property and shown
on Tract Map 31104, in order to extend out his southern property line for setback purposes
and possible future construction of a carport or garage.
STAFF ANALYSIS:
Local public utility companies were contacted with a legal description of the proposed
vacation and a response form approving or denying the vacation. If approving, the public
utilities are asked about specific conditions to allow the vacation, such as reservati on of
facility easements, etc. The following public utilities approved the requested vacation with
no reservations or conditions, citing no facilities in the area.
•Desert Water Agency
•Frontier Communications (Verizon)
•Mission Springs Water Agency
•Southern California Edison
•Spectrum-Charter Communications
•Veolia N.A.
NORTH
Item 2C - 3
City Council Staff Report
February 10, 2022 -- Page 4
Right of Way Vacation - Granvia Valmonte
Southern California Gas is requiring a 20 ft. wide easement for a 2-inch gas main
traversing the proposed Right-of-Way vacation area within the northern portion of Granvia
Valmonte.
Pursuant to Section 65402 of the Government Code, the Planning Commission must
consider and determine whether the vacation of the Public Right-of-Way conforms to the
General Plan and forward that determination to the City Council. The Circulation element
of the 2007 General Plan provides goals and policies relative to City streets and includes
a Circulation Plan, Figure 4-1, which identifies the City’s roadway networks. Below is an
excerpt of the Circulation Plan, of the area where Granvia Valmonte is located and
proposed for vacation of a portion of Public Right-of-Way.
Excerpt of Circulation Plan, Figure 4-1:
The Circulation element describes Local and Private Streets as primarily providing access
to individual parcels of land with minimum Right-of-Way widths of 50 feet for public local
streets. Typical street widths are 36 feet (see Figure 4-2 of Circulation Element) or 28 feet
Item 2C - 4
Legend:
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Subject Street
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oond ry Thoroughfar -la und ided)
-Expressway -Coll or (2 -lane div ded)
a o r T horoug hfare (6 -lane d ivi ed)
a r Thoroughfar (4 -la d ivid )
-Secondary Thoroug hfare (4 -lane divided}
Coll or ( -lane undi ided)
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City Council Staff Report
February 10, 2022 -- Page 5
Right of Way Vacation - Granvia Valmonte
in Estate, Very Low, and Low-Density Residential neighborhoods, if certain requirements
are met.
The Circulation Element identifies the following policies which are relevant to the subject
application:
Circulation Policy CR1.4: Cross-section standards may be
modified by the City Council to take into consideration the
need for special right-of-way widths in areas where property
cannot feasibly be acquired. Such modifications should be
considered for projects that implement traffic calming, projects
associated with public parking facilities or structures, or for
areas where it is desirable to maintain the natural terr ain and
prevent the scarring of the landscape. Any approved special
rights-of-way widths shall be adopted through a general plan
amendment and shall be noted on the Circulation Plan.
Circulation Policy CR 1.6: Implement roadway traffic-
calming mechanisms as identified in the City’s Neighborhood
Traffic Calming Program to protect residential neighborhoods
from the intrusion of cut-through traffic in areas that have
demonstrated traffic problems.
When the City approved and implemented the Movie Colony Traff ic Calming Plan,
roadway widths were reduced to limit traffic flow to the east from the hotels situated along
North Indian Canyon Drive. In 2008, the City also approved a modified section for the
subject street through its approval of Tract Map No. 31104 t o be consistent with the limited
access design of the Movie Colony Traffic Calming Plans. Based on the foregoing, the
City is revising the street sections and roadway widths as part of the limited update to the
General Plan and the proposed vacation is con sistent with the intended design envisioned
in General Plan Circulation Policies, CR 1.4 and CR 1.6.
ENVIRONMENTAL ASSESSMENT:
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 accordance with Section 15061(b)(3) of the CEQA Guidelines, the vacation of
Right-of-Way is exempt from CEQA, as a common-sense exemption. The vacation of a
portion of Public Right-of-Way for Granvia Valmonte is improved and will remain improved
if this application is approved. Therefore, Notices of Exemption will be prepared and filed
with the Riverside County Clerk.
Item 2C - 5
City Council Staff Report
February 10, 2022 -- Page 6
Right of Way Vacation - Granvia Valmonte
FISCAL IMPACT:
There is no direct fiscal impact associated with the requested right -of-way vacation.
REVIEWED BY:
Deputy City Manager: Flinn Fagg
City Manager: Justin Clifton
ATTACHMENTS:
A. Resolution and Exhibits “A” & “B”.
Item 2C - 6
RESOLUTION NO. ____
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
PALM SPRINGS, CALIFORNIA, APPROVING A VACATION
AND ABANDONING ALL OF ITS RIGHT, TITLE AND
INTEREST IN A PORTION OF RIGHT-OF-WAY FOR
GRANVIA VALMONTE, LOCATED AT 276 GRANVIA
VALMONTE, AT THE NW CORNER OF GRANVIA
VALMONTE AND VIA CHICA, IN SECTION 11, TOWNSHIP
4, RANGE 4 EAST ENGINEERING FILE R 21 -21-0276,
AND APPROVING A DETERMINATION THAT THE ACTION
IS CATEGORICALLY EXEMPT FROM THE CALIFORNIA
ENVIRONMENTAL QUALITY ACT (CEQA).”
WHERE AS, the California Streets and Highways Code Division 9, Part 3, Chapter 3,
Section 8320 allows the City to consider vacating public streets under certain
conditions. In this case, the City Council may vacate a public street or service
easement through the adoption of a Resol ution with a Public Hearing and cause the
publishing and posting of the hearing notices as required by this chapter .
WHERE AS, in accordance with California Streets and Highways Code Section 8313
and California Government Code Section 65402, the proposed vacation and
abandonment of the 20 feet of public right-of-way for Granvia Valmonte, located at
276 Granvia Valmonte, at the northwest corner of Granvia Valmonte and Via Chica
(hereinafter the “Vacated Area”) requires review by the City of Palm Springs Planning
Commission.
WHERE AS, the Planning Commission considered the proposed vacation at its
January 12, 2022 meeting, and determined that the vacation of the Vacated Area was
consistent with the 2007 General Plan.
WHERE AS, the City Council has considered all evidence submitted concerning the
Vacated Area, as further described on Exhibit “A” and as shown on Exhibit “B”,
attached hereto and made a part hereof, and determined that the Vacated Area is
unnecessary for present or prospective public use.
WHERE AS, 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 .
Item 2C - 7
WHERE AS, 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 California Streets and Highways Code Division 9, Part 3, Chapter 3,
Section 8320 allows the City to consider vacating public streets under certain conditions.
Staff did cause the publishing and posting of the public hearing notices as required by
law.
Section 3 In accordance with California Streets and Highway Code Section 8313 and
California Government Code Section 65402, the proposed vacation and abandonment of
the Vacated Area, as described in Exhibit “A” and depicted in Exhibits “B”, attached hereto
and made a part hereof, was considered and reviewed for consist ency with the General
Plan by the City of Palm Springs Planning Commission on January 12, 2022.
Section 4. The City Council does hereby find that the proposed vacation and
abandonment of the Vacated Area is unnecessary for present or prospective public u se,
except as further noted herein.
Section 5. Subject to Section 6, 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 6. The City Council does hereby reserve a public utility easement 20 feet wide
to accommodate an existing gas main running through the Right-of-Way vacation area.
Access to the utility line shall be maintained as required by the owner thereof.
Section 7. 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 Coun ty
Recorder of Riverside County.
Item 2C - 8
Section 8. The City Council hereby determines that the action undertaken by this
Resolution 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.
ADOPTED THIS 10TH DAY OF FEBRUARY 2022.
JUSTIN CLIFTON
CITY MANAGER
ATTEST:
ANTHONY J. MEJIA, MMC
CITY CLERK
Item 2C - 9
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. ____ 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 January 27, 2022, by the
following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the
City of Palm Springs, California, this 27th day of May, 2021.
ANTHONY J. MEJIA, MMC
CITY CLERK
Item 2C - 10
Item 2C - 11
EXHIBIT "A"
APPROVED LEGAL DESCRIPTION
RIGHT-OF-WAY VACATION
R 21-21-0276
VACATION BQUNQARY
lHAT P~llON OF LOT •F9 OF PALM SPRINGS ESTATES. IN lHE QTY OF PALM SPRINGS,
COUNTY OF' RIVERSIDE, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 15,
PAGE(S) 431 OF MAPS, IN lHE OFFlCE OF THE COUNTY RECORDER OF SAID COUNTY.
DESCRIBED AS FOLLOWS:
BEGINNING AT lHE SOUTHWEST CORNER Of LOT 4 IN BLOCK •c-OF SAID PALM
SPRINGS ESTA TES;
THENCE. SOUlH 89-S9'oo· EAST. ALONG lHE SOUTHERLY LINE OF SAID LOT 4 A
DISTANCE OF 37.50 FEET TO AN ANGLE POINT;
lHENCE. SOUlH 00i>1'00• YEST, 20.00 FEET TO A POINT ON A LINE THAT IS PARALLEL
WITH AND OFFSET 20 FEET SOUTHERLY OF SAID SOUTHERLY LINE;
THENCE. NORTii 89-S9'oo• WEST, 37.50 FEET ALONG SAID PARALLEL LINE TO AN ANGLE
POINT;
lHENCE, NORTH 89-S9'oo• EAST, 20.00 FEET TO TiiE POINT OF BEGINNING;
SAID AREA CONTAINS 750 SQUARE FEET, MORE ~ LESS.
THIS DOCUMENT WAS PREPARED BY
ME OR UNDER MY DIRECTION,
BASED ON RECORD INFORM A 110N.
~ ~
ARMANDO M. MAGANA
DAlE 11/29/21
SHEET 1 OF 3 SHEETS
Item 2C - 12
SITE PLAN
RIGHT-OF-WAY VACATION
R 21-21-0276
2
4
~I TAMARISK ROAD
0 Sl1E < VIA ALTAMIRA $
25' l.&J
~ ::)
3 APN 507-183-004 I VALMONT£ n DEL NORTE
GRAND VIA VALMONT£
LOT •r-
OA1E
LINE TABLE
LINE BEARING LENGTH
L1 sa9·59•oo·E 37.50'
L2 s00·01 ·oo"w 20.00'
L.3 N89"59'00"W 37.50'
L4 N00"01 '00"E 20.00'
THIS DOCUMENT WAS PREPARm BY
ME OR UNDER MY DIRECTION.
BASED ON RECORD INFORMATION.
~~ ARMANDO M. MAGA
DATE 11/29/21
CITY OF PALM SPRINGS
ENGINEERING SERVICES
L£OAl. DEsaaPTICN
~ VALMONTE Q < DEL SUR < ~ :> :>
I
ALEJO ROAD
VICINITY MAP
N.T.S.
SURVEYOR NOTES; • AR.EA TO BE VACA TED = 750 SF
----0 ecr
~ 1•-eo·
APPRO\e): c:£..
DRAIN BY: SCALE: CPS FIi.£ NO.
I
2
<
$
120'
SEE EXHIBIT "A" MAI ,·-ecr R 21-21-0271
QtEacED 8'\"; DAlE:
AMM 11
Item 2C - 13
EXHIBIT "B"
RIGHT-OF-WAY VACATION
R 21-21-0276
~ ,.,~
2 $ 5 .c
.,cfr
3 4
APN 507-183-004
POINT CE
BEGINNJNO
in ~ c-,j
I') L3 ---GRANO VIA VALMONTE
LOT •r-
LINE TABLE
LINE BEARING LENGTH
L1 sag•sg•oo·E 37.50'
L2 S00"01 '00'"W 20.00'
L3 N89"59'00"W 37.50'
L4 N00"01 '00"E 20.00'
THIS DOCUMENT WAS PREPARED BY
ME OR UNDER MY DIRECTION,
BASED ON RECORD INFORM A 110N.
~~ ARMANDO M. MAGA
DATE 11/29/21
CITY OF PALM SPRINGS
ENGINEERING SERVICES
/
~I TAMARISK ROAD o Sl1E < \'IA ALTAMIRA $
25' LI.I
~ ::,
I VALMONTE §
DEL NORTE
f VAL.MONTE c < DEL SUR < ~ $ $
I
ALEJO ROAD
VICINITY MAP
N.T.S.
SURVEYQR NOTES;
~ AREA TO BE VACATED = 750 SF
NORTH ----o eo·
SCALE 1 •-eo•
I
< $
120'
LEON.. DESCRIP11CN DRAIN BY: <PS FILE NO.
SEE EXHIBIT "A" R 21-21-0278
CHa<ED BY: DATE: SHEET NO.
AMU 2 CE 3