HomeMy WebLinkAbout25230RESOLUTION NO. 25230
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
PALM SPRINGS, CALIFORNIA, DECLARING ITS
INTENTION TO VACATE A PORTION OF THE MUSEUM
WAY RIGHT -OF WAY BETWEEN BELARDO ROAD AND
MUSEUM DRIVE, SETTING A PUBLIC HEARING, AND
DIRECTING NOTICE TO BE POSTED AND PUBLISHED
The City Council of the City of Palm Springs does hereby find, order, and resolve as
follows:
SECTION 1. Recitals.
A. The City of Palm Springs has the authority to initiate vacation proceedings
pursuant to California Streets and Highways Code section 8300 et seq.
B. The City Council hereby desires to declare its intention to vacate a portion of the
Museum Way right-of-way located west of Belardo Road to Museum Drive, shown
as Lot 'A' of Parcel Map 36466, Section 15, Township 4 South, Range 4 East.
C. The vacation proceeding shall be conducted in accordance with the procedures
' contained in Division 9, Part 3, Chapter 3 of the Streets and Highway Code
(Sections 8300 et seq.)
SECTION 2. Background.
Museum Way was identified as a public roadway called Main Street in the 2016
Specific Plan and was shown to extend from North Palm Canyon Drive to Museum
Drive. It was opened as a public road between North Palm Canyon Drive and Museum
Drive in 2018 and remained open until April 2021, when the City authorized the closure
of a portion of Museum Way between Belardo Road and Museum Drive to
accommodate installation of a statue named "Forever Marilyn" within the roadway
approximately 100 feet west of Belardo Road. On October 24, 2023, PS Resorts,
owner of the "Forever Marilyn" statue submitted an application for vacation of public
vehicular access over a portion of Museum Way between Belardo Rd. and Museum
Dr. to facilitate permanent installation of the statue, attached as Exhibit "A" to the Staff
Report dated July 9, 2024. On June 26, 2024, the Planning Commission for the City
of Palm Springs considered the proposed vacation pursuant to Government Code
section 65402 and found that the vacation conforms with the City's General Plan.
SECTION 3. Area To Be Vacated.
' The vicinity map of the area to be vacated is attached as "Exhibit B" to the City's Staff
Report dated July 9, 2024. A full legal description and plat map that shows the area
to be vacated is attached as Exhibit "C". Both the legal description and plat map
Resolution No. 25230
Page 2
documents shall be on file in the office of the City Clerk located at 3200 E Tahquitz '
Canyon Way, Palm Springs, CA 92262.
SECTION 4. Scheduling of Public Hearing.
The City Council hereby declares its intention to vacate a portion of Museum Way
between Belardo Road and Museum Drive and directs that the required public hearing
for these vacation proceedings be scheduled for the Council's regularly scheduled
meeting on July 25, 2024, at 5:30 p.m. or as soon thereafter as the matter can be
heard in the Council Chamber of the City of Palm Springs located at 3200 E Tahquitz
Canyon Way, Palm Springs, CA 92262.
At this hearing, all interested persons may introduce testimony and evidence
pertaining to the proposed vacation. At the conclusion of the hearing, the City Council
shall determine, from all evidence submitted, whether the public easement is
unnecessary for present or prospective public use, and that the abandonment is in the
public interest.
SECTION 5. Environmental Impact.
In accordance with Public Resources Code Section 21166 and Section 15164 of the
CEQA Guidelines, the City has prepared a proposed Addendum (Addendum #3) to
the Final Environmental Impact Report (FEIR) adopted for the Specific Plan that '
evaluates the potential environmental impacts of the vacation of Museum Way
between Belardo Road and Museum Drive, as well as the potential permanent
placement of the Forever Marilyn statue at a location within the project area. The
Addendum has determined that that the proposed vacation and statue placement
would not result in any new or more significant impacts than those identified in the
previously certified FEIR, Statement of Overriding Considerations, and Mitigation
Monitoring and Reporting Program.
SECTION 6. Certification.
The City Clerk shall certify the passage and adoption of this resolution and enter it into
the book of original resolutions.
SECTION 7. Notice and Publication.
The City Clerk shall publish and post notice of the above hearing in accordance with
the provisions of Streets and Highways Code sections 8320 et seq.
Resolution No. 25230
Page 3
' ADOPTED THIS 25TH DAY OF JULY, 2024,
Scott C. Stiles, City Manager
ATTEST:
All,
Brenda e , City Clerk
CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss.
CITY OF PALM SPRINGS)
I, BRENDA FREE, City Clerk of the City of Palm Springs, hereby certify that
' Resolution No. 25230 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 July 9, 2024, by the following
vote:
AYES: Councilmembers Garner, Holstege, Middleton, Mayor Pro Tem deHarte, and
Mayor Bernstein
NOES: None
ABSENT: None
ABSTAIN: None
IN WITNESS WHEREOF, I have hereuntg set my hand, And affixed the official seal of the
City of Palm Springs, California, this O+h day of Y1U
14 tt-;�
renda Pr4e, MMC, CERA, City Clerk City
of Palm Springs, California