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RESOLUTION NO . 25171
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 PUBLIC RIGHT-OF-WAY IN A PORTION OF
MARGUERITE STREET AND MARTHA STREET, SHOWN
AS LOT C & LOT D, RESPECTIVELY , ON CROSSLEY
TRACT, MB 32/44 , AND RESERVATION OF A PUBLIC
UTIL TIY EASEMENT, IN SECTION 29 , TOWNSHIP 4 ,
RANGE 4 EAST (ENG . FILE R 22-04-2230), AND
APPROVING A DETERMINATION THAT THE ACTION IS
CATEGORICALLY EXEMPT FROM THE CALIFORNIA
ENVIRONMENTAL QUALITY ACT (CEQA)
WHEREAS , 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 Resolution with a Public Hearing and cause the publishing and
posting of the hearing notices as required by this chapter.
WHEREAS , in accordance with California Streets and Highways Code Section
8313 and California Government Code Section 65402 , the proposed and partial vacation
and abandonment of public right-of-way for a portion of Martha Street and Marguerite
Street located near the property located at 2230 Marguerite Street at western end of
Martha Street, (hereinafter the "Vacated Area ") requires review by the City of Palm
Springs Planning Commission.
WHEREAS , Desert Water Agency has approved the subject right-of-way vacation
on the condition that a Public Utility Easement be reserved to protect its underground
facilities within a portion of the proposed vacation area .
WHEREAS , the Planning Commission considered the proposed vacation at its
October 25 , 2023 , meeting , and determined that the vacation of the Vacated Area was
consistent with the 2007 General Plan .
WHEREAS , 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 .
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
Resolution No . 25171
Page 2
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 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 consistency with the General
Plan by the City of Palm Springs Planning Commission on April 28 , 2021 .
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 use,
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 60-feet long by 35-feet wide Public
Utility Easement within the proposed vacation area to protect existing underground
facilities owned by Desert Water Agency . The reserved public utility easement is depicted
on Exhibit "C ." Access to public utility facilities shall be ma intained 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 County
Recorder of Riverside County .
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Resolution No. 25171
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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 14TH DAY OF DECEMBER 2023.
ATTEST:
Brenda Pree, City Clerk
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE )
CITY OF PALM SPRINGS )
Scott C. Stiles, City Manager
CERTIFICATION
ss.
I, BRENDA PREE, City Clerk of the City of Palm Springs, hereby certify that
Resolution No. 25171 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 December 14, 2023, by the
following vote
AYES:
NOES:
ABSENT:
RECUSED:
Councilmembers Garner, Holstege, Middleton; Mayor Pro Tern deHarte; and
Mayor Bernstein
None
None
None
IN WITNESS WHEREOF, I have her~t my hand and affixed the official seal of the
City of Palm Springs, California, this ___ day of December 2023.
dtl<!L-
Bi-endaf>ree, MMC, CERA, City Clerk
City of Palm Springs, California