HomeMy WebLinkAbout9/21/2016 - STAFF REPORTS - 1.C. �OF?ALM Sp4
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FORN� City Council Staff Report
DATE: September 21, 2016 CONSENT CALENDAR
SUBJECT: CONSIDERATION OF THE SUMMARY VACATION OF A PUBLIC
UTILITY AND SEWER EASEMENT OVER THE VACATED PORTION OF
PATENCIO ROAD, BETWEEN LINDA VISTA DRIVE AND RAMON
ROAD, SECTION 15, TOWNSHIP 4 SOUTH, RANGE 4 EAST, S.B.M.,
FILE R 15-14
FROM: David H. Ready, City Manager
BY: Public Works and Engineering Department
SUMMARY
The Streets & Highways Code of the State of California allows the City to consider
summarily vacating public service easements under certain conditions. In this case, the
City Council may summarily vacate a public service easement that has been
determined to be excess and is unused by any public other public facilities, through the
adoption of a Resolution, without a Public Hearing.
RECOMMENDATION:
Adopt Resolution No. "A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF PALM SPRINGS, CALIFORNIA, SUMMARILY VACATING AND
ABANDONING ALL OF ITS RIGHT, TITLE AND INTEREST IN A SEWER AND
PUBLIC UTILITY EASEMENT PREVIOUSLY RESERVED WITHIN THE VACATED
PORTION OF PATENCIO ROAD, BETWEEN LINDA VISTA DRIVE AND RAMON
ROAD, SECTION 15, TOWNSHIP 4 SOUTH, RANGE 4 EAST, S.B.M., FILE R 15-14,
AND APPROVING A DETERMINATION THAT THE ACTION IS CATEGORICALLY
EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA)."
BACKGROUND:
On November 5, 2015, Rudy Dvorak, president of Silvas Beach Investments LLC,
owner of 486 W. Patencio Lane, and Clive Wilkinson & Cheryl Lee Scott, owners of 511
Linda Vista Drive, submitted an application to vacate an existing 50 feet wide easement
for sewer and public utility purposes extending across their properties. The public right-
ITEM NO.�
City Council Staff Report
September 21, 2016--Page 2
Patencio Road PUE Summary Vacation
of-way for Patencio Road once extended south from Linda Vista Drive to Ramon Road,
but was previously vacated by the City of Palm Springs by action taken on July 5, 1978,
through adoption of Resolution No. 12695. As a part of that action, the City reserved
unto itself the easement for sewer and public utility purposes across the vacated right-
of-way, to accommodate an existing City sewer line that extended south of Linda Vista
Drive.
The location of the proposed summary vacation is shown in Figure 1 and 2.
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Aerial View
Figure 1
02
City Council Staff Report
September 21, 2016 -- Page 3
Patencio Road PUE Summary Vacation
SANTA ROSA DR.
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SANTA ROSA DR. a53
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_ _ _ _
179 ff1�
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iW PATENCIO LN.
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LINDA VISTA DR. e i
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511 Linda I I 486 W.
Vista Dr. I I Patencio
27 1
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I r- EXISTING P.U.E.OVER
29. I VACATED PATENCIO RD.
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RAMON ROAD
Figure 2
The California Streets and Highways Code Division 9, Part 3, Chapter 4, Section 8333
allows the City to consider summarily vacating a public service easement provided the
following conditions are satisfied:
(1) The easement has been determined to be in excess by the easement holder; and
(2) There are no other public facilities located in the easement.
Public utility agencies have been contacted regarding the requested summary vacation;
all have confirmed that there are no public utilities located within the area of the
proposed summary vacation. The existing City sewer line that extends south of Linda
Vista Drive does not provide sewer service to any other properties, and the City has
determined that the sewer line may be removed and abandoned.
03
City Council Staff Report
September 21, 2016 -- Page 4
Patencio Road PUE Summary Vacation
As a result, both of the legal conditions regulating the processing of the summary
vacation are satisfied, and staff recommends that the City Council approve the
summary vacation of the easement reserved for sewer and public utility purposes
extending over the vacated portion of Patencio Road.
ENVIRONMENTAL IMPACT:
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 response to that mandate, the Secretary for Resources identified classes
of projects that do not have a significant effect on the environment, and are declared to
be categorically exempt from the requirement for the preparation of environmental
documents. In accordance with Section 15305 "Minor Alterations in Land Use
Limitations," Class 5 projects consist of minor alterations in land use limitations in areas
with an average slope of less than 20%, which do not result in any changes in land use
or density. Therefore, in accordance with Section 15305, staff has determined that the
proposed summary vacation is considered categorically exempt from CEQA.
FISCAL IMPACT:
None.
SUBMITTED:
Marcus L. Fuller, MPA, P.E., P.L.S. David H. Ready,
Assistant City Manager/City Engineer City Manager
Attachments:
1) Resolution
04
ATTACHMENT 1
05
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM
SPRINGS, CALIFORNIA, SUMMARILY VACATING AND ABANDONING
ALL OF ITS RIGHT, TITLE AND INTEREST IN A SEWER AND PUBLIC
UTILITY EASEMENT PREVIOUSLY RESERVED WITHIN THE
VACATED PORTION OF PATENCIO ROAD, BETWEEN LINDA VISTA
DRIVE AND RAMON ROAD, SECTION 15, TOWNSHIP 4 SOUTH,
RANGE 4 EAST, S.B.M., FILE R 15-14, AND APPROVING A
DETERMINATION THAT THE ACTION IS CATEGORICALLY EXEMPT
FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA).
WHEREAS, the City Council of the City of Palm Springs, California, is authorized by
Division 9, Part 3, Chapter 4, of the Streets and Highways Code of the State of
California (the "statute"), to summarily vacate a public service easement, or parts
thereof, within the limits of the City; and
WHEREAS, pursuant to Section 8333 of the statute, the City Council may consider
summarily vacating public service easements if the easement has been determined to
be in excess by the easement holder, and there are no other public facilities located
within the easement; and
WHEREAS, on July 5, 1978, the City Council of the City of Palm Springs, adopted
Resolution No. 12695, vacating and abandoning a portion of Patencio Road, between
Linda Vista Drive and Ramon Road, and reserving unto the City an easement for sewer
and public utility purposes there over; and
WHEREAS, in accordance with California Government Code Section 65402, the
proposed vacation and abandonment of the easement for sewer and public utility
purposes over the vacated portion of Patencio Road between Linda Vista Drive and
Ramon Road was submitted to and reported upon by the Planning Commission of the
City of Palm Springs; and
WHEREAS, on August 10, 2016, the Planning Commission of the City of Palm Springs
adopted Resolution No. 6580 determining that the proposed vacation and abandonment
of the easement for sewer and public utility purposes over the vacated portion of
Patencio Road between Linda Vista Drive and Ramon Road was in conformance with
the Palm Springs General Plan; and
WHEREAS, the portion of the easement for sewer and public utility purposes over the
vacated portion of Patencio Road between Linda Vista Drive and Ramon Road, being
the vacated area described on Exhibit "A" and shown on Exhibit "B", attached hereto
and made a part hereof, has been determined to be excess by the City of Palm Springs,
and there are no other public facilities located within the easement; and
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 15305 "Minor Alterations in Land Use Limitations,"
Class 5 projects consist of minor alterations in land use limitations in areas with an
06
Resolution No. _
Page 2
average slope of less than 20%, which do not result in any changes in land use or
density; and
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 City Council does hereby find that the summary vacation is exempt
from the provisions of CEQA pursuant to Section 15305 of the CEQA Guidelines.
Section 2. The City Council hereby declares that this vacation is being made under
and pursuant to the California Streets and Highways Code Division 9, Part 3, Chapter 4,
Section 8333, and that the easement has been determined to be in excess by the
easement holder, and there are no other public facilities located within the easement.
Section 3. The City Council does hereby find that the easement for sewer and public
utility purposes reserved over the portion of Patencio Road between Linda Vista Drive
and Ramon Road, vacated on July 5, 1978, by the City of Palm Springs, through
Resolution No. 12695, recorded July 11, 1978, as Document No. 142399, as described
and shown on Exhibits "A" and "B", attached hereto and made a part hereof, (hereafter
the "Vacated Area"), is unnecessary for present or prospective public use.
Section 4. 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, the sewer and public utility
easements located within the Vacated Area no longer constitute public service
easements.
Section 5. 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.
ADOPTED this 21 st day of September, 2016.
DAVID H. READY, CITY MANAGER
ATTEST:
JAMES THOMPSON, CITY CLERK
07
Resolution No. _
Page 3
CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss.
CITY OF PALM SPRINGS )
I, JAMES THOMPSON, 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 September 21, 2016,
by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
JAMES THOMPSON, CITY CLERK
City of Palm Springs, California
nA
LEGAL DESCRIPTION
EXHIBIT"A"
R 15-14
PARCEL I:
ALL THAT PORTION OF THE EASEMENT FOR SEWER AND PUBLIC UTILITY PURPOSES AS
DESCRIBED IN THE DOCUMENT RECORDED JULY 11, 1978 AS INSTRUMENT NO. 142399
OF OFFICIAL RECORDS, SAID PORTION LYING WITHIN THE FOLLOWING DESCRIBED
PROPERTY:
BEGINNING AT THE NORTHWEST CORNER OF LOT 8, IN BLOCK 4 OF PALM SPRINGS, IN
THE CITY OF PALM SPRINGS, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA,AS PER MAP
RECORDED IN BOOK 9, PAGE 432 OF MAPS,IN THE OFFICE OF THE COUNTY RECORDER
OF RIVERSIDE COUNTY, SAID POINT ALSO BEING A POINT ON THE EAST RIGHT OF WAY
OF PATENCIO ROAD (VACATED) 100.00 FEET NORTH OF THE NORTH LINE OF SOUTH
STREET AS SHOWN ON SAID MAP,ALSO KNOWN AS RAMON ROAD,THENCE WEST 50.00
FEET TO A POINT, SAID POINT BEING NORTH 100.00 FEET OF THE SAID NORTH LINE OF
SOUTH STREET, ALSO BEING A POINT ON THE WEST RIGHT-OF-WAY LINE OF VACATED
PATENCIO LANE;
THENCE NORTH, ALONG THE WEST LINE OF SAID PATENCIO ROAD, NORTH 00908'W'
WEST, A DISTANCE OF 85.00 FEET TO A POINT IN THE RIGHT OF WAY OF WEST LINDA
VISTA DRIVE, SAID POINT BEING THE BEGINNING OF A NON-TANGENT CURVE, CONCAVE
TO THE NORTHWEST, HAVING A RADIUS OF 60.00, A RADIAL TO SAID POINT BEARS
SOUTH 00908'00" EAST;
THENCE NORTHEASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF
56926'34",A DISTANCE OF 59.11 FEET;
THENCE SOUTH, ALONG SAID EAST LINE PATENCIO ROAD, A DISTANCE OF 111.81 FEET
TO THE POINT OF BEGINNING.
CONTAINING 4,647 SQUARE FEET
09
PARCEL 2:
ALL THAT PORTION OF THE EASEMENT FOR SEWER AND PUBLIC UTILITY PURPOSES AS
DESCRIBED IN THE DOCUMENT RECORDED JULY 11, 1978 AS INSTRUMENT NO. 142399
OF OFFICIAL RECORDS, SAID PORTION LYING WITHIN THE FOLLOWING DESCRIBED
PROPERTY:
THE SOUTH 100 FEET OF WEST AVENUE, LYING NORTH OF THE NORTH LINE OF SOUTH
STREET, NOW KNOWN AS RAMON ROAD, AS SHOWN ON THE MAP OF PALM SPRINGS
ON FILE IN BOOK 9 PAGE 432 OF MAPS, RECORDS OF SAN DIEGO COUNTY, CALIFORNIA,
SAID PORTION OF WEST AVENUE HAVING BEEN VACATED BY RESOLUTION OF THE
BOARD OF SUPERVISORS OF RIVERSIDE COUNTY, CALIFORNIA, A CERTIFIED COPY OF
SAID RESOLUTION HAVING BEEN RECORDED OCTOBER 11, 1933 IN BOOK 142 PAGE 260
OF OFFICIAL RECORDS OF RIVERSIDE COUNTY, CALIFORNIA.
CONTAINING 5,023 SQUARE FEET
5E0 6 NK6 SU
" CHARLES J. 0
BONADMAN
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EXHIBIT "B" 1 OF 2 E
R 15-14
P P14 .
W . LINDA VISTA
EX. FHhME (R% NOTE:
00
8" SS 556.3� / HEREON UTILITY L RE FOR EFER NCE
EASTERLY PURPOSES ONLY.
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ROW LINE
0.00 k PATENGO ROAD
WESTERLY ROW p6'96� VACATED ,jSGq L4ND SV9`
PATENCIO ROAD L� , m PARCEL 1 0 `G4 F)
2 523 S.F. �*a S CHARLES J. �3
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WEST 50' 50.50'
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POR. INSTRUMENT MATCH LINE W. LINDA VISTA ti
NO 142399 OR SHEET 2
TO BE VACATED APN: 513-193-031 "wt= SITE
W. RAMON RD. NTS
VICINITY MAP
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SINGLE "
EXHIBIT "B° 2 ❑ F 2
STORY
RESIDENCE R 15-14
MATCH LINE
SHEET 1
WEST 75' S8950'00"W 101.00'
9' 16' 50, 50.50' 50.50,
PARCEL2
30 W 5,023 S.F.
SCALE 1"=30' > M N M o
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513-193-030 2
50' P.U.E.
POR. INSTRUMENT 9' 16'
NO. 142399 50, 50.50, 50.50'
TO BE VACATED EAST 75' N8950'00 E 101.00'
R A M ❑ N R D ( S ❑ U T H STREET )
��1 � ,� •„�• �. CURB & GUTTER z
C AMES
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CAUN 8 •;3 f ' ( ( VICINITY MAP
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