HomeMy WebLinkAbout8/1/2001 - STAFF REPORTS (22) DATE: August 1, 2001
TO: City Council
FROM: Director of Public Works/City Engineer
PRESCOTT DRIVE RIGHT-OF-WAY VACATION
RECOMMENDATION:
That the City Council, after considering testimony received at the Public Hearing,
adopt a resolution vacating a portion of the right-of-way dedicated for the public
street named Prescott Drive, in Section 10, Township 4 South, Range 4 East; File
R 01-005.
SUMMARY:
The Streets & Highways Code of the State of California outlines the process that
a City must follow to vacate public rights-of-way. This step completes the City's
consideration of the proposed public right-of-way vacation.
BACKGROUND:
On July 5, 2001, City Council adopted Resolution No. 20091 declaring its intention
to vacate a portion of the right-of-way dedicated for the public street named
Prescott Drive and scheduled a public hearing for August 1, 2001, to hear all
persons interested in or objecting to the right-of-way vacation.
The proposed right-of-way vacation was determined to be consistent with the
General Plan and was approved by the Planning Commission as part of its
discussion and recommendation forapproval of Tentative Tract Map 29987,during
a Public Hearing conducted at its June 20, 2001, meeting. Subsequently,the City
Council approved Tentative Tract Map 29987 at its July 5, 2001, meeting,
whereupon the developer was required to make arrangements for the demolition
and removal of all street improvements within the vacated portion of Prescott Drive.
Notices of the right-of-way vacation have been posted within the vacation area,
published in the local newspaper, mailed to all public utility companies, and sent
to all City departments managing City facilities within public streets. Requests have
been received from public utility companies for reservation of a public utility or
access easement within the vacation area. If the City Council desires to approve
the proposed right-of-way vacation,adoption of the attached Resolution will vacate
and close to public use the proposed portion of Prescott Drive.
DAVID J. BARAKIAN
Director of Public Works/City Engineer
APPROVE
City Man
ATTACHMENTS:
I. Resolution; 2. Vicinity Map; 3. Exhibits "A" and "B"
,22R
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RIVERSIDE COUNTY 2001 EDITION
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ROBERT 1..BRACNEY
JANET M. BRACKEY �y
190 West Hermosa 1 1 palm Springs,California 92262 1 � W
Phone 760-778-4232♦Fax 612-489-1405 " `�'
The Honorable Will Kleindienst o-J�Cir1VHD
City Council of City of Palm Springs �'*,a • Q�
City Hall ;"1L�
3200 E. Talmquitz Canyon Way
Palm Springs, California
Re: Case Nos. 5.0678,and Tentative Tract Map 29987, 155 Hermosa Place, Villa
Hermosa
Dear Mayor and Council Members:
We own the properly located at 190 West Hermosa Place in Palm Springs. Our property
is near the Northwest corner of Hermosa Place and Prescott. Because we have been out of
town, we were not aware of the details of the above referenced Planned Development.
We did not know until last Thursday,July 26,2000 that the project requires a vacation of
a portion of Prescott between El Alameda and Hermosa Place.
Pleasebe informed that we strongly oppose the vacation of Prescott if it results in ingress
and egress to the Planned development form Hermosa Place. Planned Development
applications must be considered in light of the impact on the surrounding neighborhoods.
We are certain that if the parking lot traffic for the proposed project is allowed to enter
and leave the parking lots from Hermosa Place the resulting traffic on Hermosa will
negatively affect the quality of the Hermosa Place neighbors.
Moreover,the limited number of parking stalls planned for the condominium owners is
insufficient to accommodate visitor parking and a Hermosa Place access will result in
overflow parking along Hermosa.
At this late date,we do not oppose the Planned development, but we believe that our
concerns can be easily accommodated by vacating Prescott while sealing off access to
Hermosa form the Planned Development, and restricting access to El Alameda.
Naturally,the sleet vacation should also provide for proper landscaping and traffic
barriers. If fire and safety issues require a greater turning radius to access the property,
then the owners of the Planed Development should acquire the necessary adjoining
property to accommodate those issues.
Thank you for your consideration.
Sincerely, {
Robert an an Braekey e
7
cm:,
FROM 862_9040 CLIFF VOR LOIS SERWR PHONE NO. Jul. 30 2001 12:44RN P02
Villa de las Palmas
P.O. Box 2805
Palm Springs, CA
92264
July 27, 2001
Attn; City of Palm Springs
Respective Depts; ie Planning, Permits, Approval etc.
The Villa de las Palmas which is located at 197 Via Lola and fronts not only on Via Lola
but also on Hermosa is affected by what transpires on both streets, We, as The Board
of Governors, wish to state although we are pleased that the extremely ugly eyesore
located on the corner of Hermosa and Palm Canyon is being renovated we are very
concerned with the proposed parking lot.
We had been advised that the original plan was to have egress and ingress from the
church side of the complex, then we were told egress would be from one side street and
ingress from the other side street. Now, we have been advised that egress and ingress
will occur from both aide streets. That is unacceptable to the twenty-four homeowners of
The Villa de las Palmas.
We urge you to reconsider your original plan and have ingress/egress from the street
once removed from Hermosa on the street where the church is located. That flow of
traffic would keep Hermosa as it was originally intended -a quiet residential street.
We also ask that the building under renovation and its` accompanying parking area be
"softened" with trees and hedging. This Is critical to act as a noise buffer and as a shield
for headlights which are moving in the parking area.
We ask for your thoughtful and considered decision on the above issues obviously in the
above suggested manner.
Sincerely,
Lois Serwa '
Chairperson
Villa de Is$ Palmas
txf
Case 5.0678: Planned Development and Tentative Tract Map 29987
155 Hermosa PTace: Villa Hermosa
- -- - - - - - - - - - - - - - - -
THOMAS BROS. MAP
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?ALM
City of Palm Springs
Department of Transportation
* * Engineering Division
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Reortameo' 3200 Tnhquia Canyon Way a Palm Springs,California 92262
441 PO?, TEL:(760)323-8253 •FAX(760)322-8360 •TDD(760)S64-9527
AFFIDAVIT OF POSTING NOTICES
I, the undersigned, the City Engineer for the City of Palm Springs, California, do hereby certify
that a copy of the Resolution of Intention No. R20091 for the vacation of that portion of the
public street named Prescott Drive as described in Exhibit "A' and shown in Exhibit `B"
(attached),was posted in three (3) locations (as indicated on Exhibit `B"), on July 16, 2001.
A copy of said notice is attached hereto.
Dated at Palm Springs, California, this 16'h day of July, 2001.
DAVID J. BARAKIAN
City Engineer
Engineering Department
City of Palm Springs
California
Post Office Box 2743 • Palm Springs, California 92263-2743
RESOLUTION NO, 70091
OF THE CITY COUNCIL OF THE CITY OF PALM
SPRINGS,CALIFORNIA, DECLARING ITS INTENTION TO
VACATE ITS RIGHT, TITLE AND INTEREST IN A
PORTION OFTHE RIGHT-OF-WAY DEDICATED FOR THE
PUBLIC STREETNAMED PRESCOTTDRIVE, IN SECTION
10,TOWNSHIP 4 SOUTH, RANGE4 EAST; FILE R-01-005.
WHEREAS, the City Council of the City of Palm Springs, California, is authorized by the
Public Streets, Highways and Service Easements Vacation Law, Part 3, Division 9 of the
Streets and Highways Code of the State of California, to vacate and close to public use
streets, or parts of streets, within the limits of the said City; and
WHEREAS, the City Council intends to vacate and close to public use a portion of the
right-of-way dedicated for the public street named Prescott Drive, in Section 10, Township
4 South, Range 4 East, a street within the City of Palm Springs, County of Riverside, State
of California.
NOW THEREFORE BE IT RESOLVED by the City Council of the City of Palm Springs, as
follows:
Section 1. That the City Council does hereby signify and declare its intention
to vacate that portion of the public street named Prescott Drive, as
described in Exhibit "A" and shown on Exhibit "B" attached hereto
and made a part hereof.
Section 2. That the City Engineer is to hereby conspicuously post notices of
this street vacation along the line of that portion of Prescott Drive
proposed to be vacated at not more than 300 foot intervals, but not
less than 3 in all on said portion of street. Such notices shall state
the passage of this Resolution of Intention, and the time and place
of hearing all persons interested in, or objecting to, this proposed
vacation.
Section 3. On the I" day of August, 2001, at the hour of 7:00 P.M., in City
Council Chambers located at 3200 E. Tahquitz Canyon Way, Palm
Springs, California, hereby fixed as the time and place of hearing
any and all persons interested in or objecting to the proposed street
vacation, said time being not less than 15 days from the date of
adoption of this Resolution.
1A
F
Resolution No. 20091
Page 2
Section 4. That the City Clerk be, and hereby is, directed to cause this
Resolution of Intention to be published in a manner prescribed by
Section 8322 of the Streets and Highways Code.
ADOPTED this 5th day of July 2001.
AYES: Members Hodges, Jones, and Mayor Kleindienst
NOES: None
ABSENT: Members Reller-Spurgin and Oden
ATTEST: CITY OF PALM SPRINGS, CALIFORNIA
By: /s/ Patricia A. Sanders /s/ David H. Ready
City Clerk City Manager
REVIEWED AND ADOPTED AS TO FORM:
1 IIEREBY CERTIFY THAT aR IS A TRUE(X)PY OF
7ESOLUTION DULY ADOPTED BY TIM
Ci T Y COUNCIL OF THE PALM SPRINGS IN A WIRE II1
I NERMOF HELD,ON THE -DAY OF .I I-
.V4-rED AT PALM SPRINGS,CALIFORNIA
-114 // t— DAY OFaZK_y,ate
DEPUTY CITY CLERK
C F PALM SPRINGS.CALIFORNIA
44z
Resolution 20091
Page 3
PAGE 1 OF 2
EXHIBIT "A"
LEGAL DESCRIPTION
BEING A PORTION OF PRESCOTT CIRCLE NORTH LYING BETWEEN LOTS 110
AND 111 OF MERITO VISTA AS SHOWN BY MAP ON FILE IN BOOK 12, PAGE 94
OF MAPS AND A PORTION OF THE RIGHT OF WAY DEDICATED PER INST. NO.
296157, RECORDED 9/8/95, OR., MORE PARTICULARLY DESCRIBED AS
FOLLOWS:
BEGINNING AT THE SOUTHERLY POINT OF CURVATURE IN THE WESTERLY
LINE OF SAID LOT 111;
THENCE SOUTH 00009'00" EAST ALONG SAID WESTERLY LINE A DISTANCE
OF 136.51 FEET TO A POINT LYING ON THE NORTHERLY RIGHT OF WAY LINE
OF WEST EL ALAMEDA AS DESCRIBED BY DOCUMENT RECORDED 12/31/38
IN BOOK 403, PAGE 254, OR.;
THENCE SOUTH 89036'30" WEST ON THE NORTHERLY PROLONGATION OF
SAID NORTHERLY RIGHT OF WAY LINE A DISTANCE OF 134.30 FEET TO A
POINT ON THE ARC OF A NON-TANGENT CURVE CONCAVE
NORTHWESTERLY AND HAVING A RADIUS OF 100.60 FEET, A RADIAL
BEARING PASSING THROUGH SAID POINT BEARS SOUTH 15018'25" EAST,
SAID POINT ALSO LYING ON THE EASTERLY LINE OF SAID LOT 110;
THENCE ALONG SAID EASTERLY LINE THROUGH THE FOLLOWING COURSES:
NORTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL
ANGLE OF 74050'35" AN ARC DISTANCE OF 131.41 FEET;
TANGENT TO LAST MENTIONED CURVE NORTH 00009'00" WEST A DISTANCE OF
69.16 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE
SOUTHWESTERLY AND HAVING A RADIUS OF 50.00 FEET;
NORTHWESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL
ANGLE OF 69024'41" AN ARC DISTANCE OF 60.57 FEET TO A POINT ON THE ARC
OF A NON-TANGENT CURVE CONCAVE NORTHERLY AND HAVING A RADIUS OF
263.50 FEET, A RADIAL BEARING PASSING THROUGH SAID POINT BEARS
SOUTH 20026'19" WEST, SAID POINT ALSO BEING A POINT ON THE SOUTHERLY
RIGHT OF WAY OF HERMOSA PLACE;
443
Resolution 20091
Page 4
PAGE 2 OF 2
LEGAL DESCRIPTION CONTINUED
THENCE, LEAVING SAID EASTERLY LINE, EASTERLY ALONG THE ARC OF
SAID CURVE THROUGH A CENTRAL ANGLE OF 05025'57" AN ARC DISTANCE
OF 24.98 FEET;
THENCE TANGENT TO LAST MENTIONED CURVE, SOUTH 67°04'56" EAST A
DISTANCE OF 10.30 FEET TO THE BEGINNING OF A TANGENT CURVE,
CONCAVE NORTHERLY, HAVING A RADIUS OF 100.00 FEET;
THENCE EASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL
ANGLE OF 65001'24" AN ARC DISTANCE OF 113.49 FEET TO A POINT ON THE
ARC OF A NON-TANGENT CURVE, CONCAVE SOUTHEASTERLY, HAVING A
RADIUS OF 100.70 FEET, A RADIAL BEARING PASSING THROUGH SAID POINT
BEARS SOUTH 39009'08" EAST, SAID POINT ALSO LYING ON THE WESTERLY
LINE OF SAID LOT 111;
THENCE SOUTHWESTERLY ALONG SAID WESTERLY LINE ALONG THE ARC
OF SAID CURVE THROUGH A CENTRAL ANGLE OF 50059'52" AN ARC
DISTANCE OF 89.63 FEET TO THE POINT OF BEGINNING.
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Resolution 20091
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EXHIBIT " B"
CITY OF PALM SPRINGS REAL PROPERTY DIVISION
PRESCOTT CIRCLE NORTH APPROVED BY:
& WEST EL ALEMEDA
RIGHT OF WAY AGENT
LEGAL DESCRIPTION: RIGHT-OF-WAY VACATION
A PORTION OF PRESCOTT DRIVE AS SHOWN BY MAP DESIGN BY: SCALE: FILE NO.
ON FILE IN BOOK 12, PAGE 94, OF MAPS AND A CRH 1" = 60' 1118
PORTION OF R/W DEDICATED PER INST. #296157,
REC. 9/8/95, O.R.
CHECKED BY: DWG. N0. SHEET 1
ADM 1 OF
SHEETS
CHARLES R. HARRIS LS 4989
RESOLUTION NO, 20146_1
OF THE CITY COUNCIL OF THE CITY OF PALM
SPRINGS, CALIFORNIA, VACATING AND ABANDONING
ALL OF ITS RIGHT, TITLE AND INTEREST IN A PORTION
OF THE RIGHT-OF-WAY DEDICATED FOR THE PUBLIC
STREET NAMED PRESCOTT DRIVE, IN SECTION 10,
TOWNSHIP 4 SOUTH, RANGE 4 EAST; FILE R-01-005.
WHEREAS, the City Council of the City of Palm Springs, California, is authorized by
Chapter 3, Part 3, Division 9 of the Streets and Highways Code of the State of California,
to vacate and close to public use streets, or parts of streets, within the limits of the City;
and
WHEREAS, on July 5, 2001, the City Council did adopt Resolution No. 20091 declaring
its intention to vacate and close to public use that portion of the right-of-way dedicated for
the public street named Prescott Drive, and the City Council did post notice as required by
the statute, and did hold its public hearings as required by the statute; and
WHEREAS, the Planning Commission has determined that the right-of-way vacation is
consistent with the Circulation Element of the City's General Plan; and
WHEREAS,the City Council has considered all evidence submitted concerning the portion
of right-of-way dedicated for the public street named Prescott Drive, being the vacated
area described and shown on Exhibits "A" and "B" attached hereto and made a part
hereof, and the need therefor for present and prospective public road purposes.
NOW THEREFORE BE IT RESOLVED by the City Council of the City of Palm Springs, as
follows:
Section 1. That the City Council does hereby find that the aforesaid portion of
public roadway is unnecessary for present or prospective public
use.
Section 2. That, subject to Sections 3, 4 and 5, the City Council does hereby
vacate and abandon all the City's right, title and interest in that
portion of right-of-way dedicated for the public street named
Prescott Drive, as the vacated area is described and shown on
Exhibits "A" and "B", attached hereto and made a part hereof, a
public street within the City of Palm Springs, County of Riverside,
State of California.
Section 3. That the City of Palm Springs reserves and excepts from the
foregoing vacation an easement to operate and maintain sewers,
drains, pipelines, cables, wires or any other easement of any
governmental agency orutility corporation existing in, under,orover
the vacated area, unless quitclaimed or released by the owner
thereof.
4720
Resolution No.
Section 4. That this Resolution shall not be effective until submission for
approval and recordation of a final map for Tentative Tract Map
29987, and compliance with the requisite conditions of approval
thereof either through construction of the required improvements
prior to submission of the final map, or guarantee of the required
improvements through an appropriate subdivision improvement
agreement and associated securities.
Section 5. That this Resolution shall become null and void in the event that
compliance with Section 4 of this Resolution does not occur by
August 1, 2003, unless an extension of time for compliance with
Section 4 is requested of and approved by the City Council.
Section 6. That, subject to Sections 4 and 5, the City Clerk is hereby directed
to cause a certified copy of this Resolution, attested by her under
the seal of the City, to be recorded in the Office of the County
Recorder of Riverside County, concurrently with the recordation of
a final map for Tentative Tract Map 29987.
ADOPTED this day of , 2001.
AYES:
NOES:
ABSENT:
ATTEST: CITY OF PALM SPRINGS, CALIFORNIA
By:
City Clerk City Manager
REVIEWED AND ADOPTED AS TO FORM:
EXHIBIT "A"
LEGAL DESCRIPTION
BEING A PORTION OF PRESCOTT CIRCLE NORTH LYING BETWEEN LOTS 110
AND 111 OF MERITO VISTA AS SHOWN BY MAP ON FILE IN BOOK 12, PAGE 94
OF MAPS AND A PORTION OF THE RIGHT OF WAY DEDICATED PER INST. NO.
296157, RECORDED 9/8/95, OR., MORE PARTICULARLY DESCRIBED AS
FOLLOWS:
BEGINNING AT THE SOUTHERLY POINT OF CURVATURE IN THE WESTERLY
LINE OF SAID LOT 111;
THENCE SOUTH 00009'00" EAST ALONGSAID WESTERLY tINE A DISTANCE
OF 136.51 FEET TO A POINT LYING ON THE NORTHERLY RI HT OF WAY LINE
OF WEST EL ALAMEDA AS DESCRIBED PY DOCUMENT REICORDED 12/31/38
IN BOOK 403, PAGE 254, OR.;
THENCE SOUTH 89036'30" WEST ON TIt NORTHERLY PROLONGATION OF
SAID NORTHERLY RIGHT OF WAY LINE'A DISTANCE OF 1'34.30 FEET TO A
POINT ON THE ARC OF A NON-TANGENT CURVE CONCAVE
NORTHWESTERLY • AND HAVING A RADIUS OF 100.60 FEET, A RADIAL
BEARING PASSING THROUGH SAID POINT BEARS SOUTH 15018'25" EAST,
SAID POINT ALSO LYING ON THE EASTERLY LINE OF SAID LOT 110;
THENCE ALONG SAID EASTERLY LINE THROUGH THE FOLLOWING COURSES:
NORTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL
ANGLE OF 74050'35" AN ARC DISTANCE OF 131.41 FEET;
TANGENT TO LAST MENTIONED CURVE NORTH 00009'00" WEST A DISTANCE OF
69.16 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE
SOUTHWESTERLY AND HAVING A RADIUS OF 50.00 FEET;
NORTHWESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL
ANGLE OF 69024'41" AN ARC DISTANCE OF 60.57 FEET TO A POINT ON THE
CUSP OF A TANGENT CURVE CONCAVE SOUTHWESTERLY AND HAVING A
RADIUS OF 263.50 FEET, A RADIAL BEARING PASSING THROUGH SAID POINT
BEARS SOUTH 20026'19" WEST, SAID POINT ALSO BEING A POINT ON THE
SOUTHERLY RIGHT OF WAY OF HERMOSA PLACE;
Q *ae.
FILE NO.: SHEET NO.:
R-01-005 1 OF 3
EXHIBIT "A$$
LEGAL DESCRIPTION CONTINUED
THENCE, LEAVING SAID EASTERLY LINE, EASTERLY ALONG THE ARC OF
SAID CURVE THROUGH A CENTRAL ANGLE OF 05025'57" AN ARC DISTANCE
OF 24.98 FEET TO THE BEGINNING OF A REVERSE CURVE, CONCAVE
NORTHERLY, HAVING A RADIUS OF 100.00 FEET;
THENCE EASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL
ANGLE OF 65001'24" AN ARC DISTANCE OF 113.49 FEET TO A POINT OF CUSP
WITH A TANGENT CURVE, CONCAVE SOUTHEASTERLY, HAVING A RADIUS
OF 100.70 FEET, A RADIAL BEARING PASSING THROUGH SAID POINT BEARS
SOUTH 39009'08" EAST, SAID POINT ALSO LYING ON THE WESTERLY LINE OF
SAID LOT 111;
THENCE SOUTHWESTERLY ALONG SAID WESTERLY LINE ALONG THE ARC
OF SAID CURVE THROUGH A CENTRAL ANGLE OF 50059'52" AN ARC
DISTANCE OF 89.63 FEET TO THE POINT OF BEGINNING.
LAND
CH�R.HA RIS ?�
.* REG.EXP. f2 Pl/CJ
NO.4989
�rgTF OF C AUF���\P
[ "LE NO.: SHEET NO.:
R-01-005 2 OF 3
EXHIBIT "B"
0
N LAND s
= 50 01
0=5°25'57 R= 00 N 39 09'0a"w O
cH
R=263.50 L=113.49 (R) LE S H AqqIS ?J
L=24.98 T 63 74 "
T=12.50
N 9"E �n' „} i * REG.
20°26'1 EXP.
A-691 24'41 c7 - R 189.630 N0.4988
R=50,00 a 1�-r 'Y T-4B.03 tlJ.
L-60.57 -
T-34.63 OF Ci QL�Ep�`
ro
o" F.O.B.
990
I
�Bg)A=74.50'35
R=100.60
T=76.97
a a o
RIW DEDICATED PER INST.
N 15•ie•25°w �` y c
R 0298157, REC. 9/8/95, O.R,
a
N 89'36'30"E 134.30 WEST EL
Cps
ALAMEDA
P %2
�oB
90�7
of PALM so
Pc CITY OF PALM SPRINGS
ENGINEERING DEPARTMENT
DESIGN BY: SCALE: FILE NO.:
CRH 1" = 60' R-01-00,)
RIGHT—OF—WAY VACATION CHECKED BY: DWG. NO.: SHEET NO.:
ADM 1 3 OF 3
:) 7A 4�