HomeMy WebLinkAbout2/17/2016 - STAFF REPORTS - 2.P. �ZA.
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41FORN`91
City Council Staff Report
DATE: February 17, 2016 CONSENT CALENDAR
SUBJECT: CONSIDERATION OF THE SUMMARY VACATION OF A PUBLIC
UTILITY AND SEWER EASEMENT OVER LOT "I" OF TRACT MAP
32233-5, IN SECTION 7, TOWNSHIP 4 SOUTH, RANGE 5 EAST, FILE R
15-13
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 not been
continuously used since its dedication 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, VACATING AND ABANDONING ALL OF ITS
RIGHT, TITLE AND INTEREST IN A PORTION OF AN EASEMENT FOR PUBLIC
UTILITY AND SEWER PURPOSES OVER LOT "I" OF TRACT MAP 32233-5, IN
SECTION 7, TOWNSHIP 4 SOUTH, RANGE 5 EAST, FILE R 15-13, AND
APPROVING A DETERMINATION THAT THE ACTION IS CATEGORICALLY EXEMPT
FROM THE CALIFORNIA ENVIROMENTAL QUALITY ACT (CEQA)."
BACKGROUND:
On November 9, 2015, an application was submitted by Toll Brothers, Inc., requesting
the City to vacate and abandon an easement for public utility and sewer purposes
dedicated over Lot "I" of Tract Map No. 32233-5 recorded on December 26, 2013, in
Map Book 439, Pages 78 — 85, located within the Escena development. Toll Brothers is
currently constructing new homes within Tract Map 32233-5, and recently reconfigured
several residential lots, including Lot "I" which had various public easements dedicated
ITEM NO. a�
City Council Staff Report
February 17, 2016 -- Page 2
Tract Map 32233-5 Lot`I" Summary Vacation
and extending over it, but which were never needed or used by the City. The location of
the proposed summary vacation is shown in Figure 1, and a vicinity map is included as
Attachment 1.
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Figure 1
The requested summary vacation is also shown in Figure 2.
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Figure 2
02
City Council Staff Report
February 17, 2016-- Page 3
Tract Map 32233-5 Lot"I" Summary Vacation
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 date of the dedication is less than five years, and more than one year, and the
easement was not used continuously since that date
(2) The easement has been determined to be in excess by the easement holder, and
there are no 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. 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 public utility and sewer easement
extending across Lot "I", excluding the southerly 10 feet of Lot "I".
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:
1
Marcus L. Fuller, MPA, P.E., P.L.S. David H. Ready, E
Assistant City Manager/City Engineer City Manager
Attachments:
1) Vicinity Map
2) Resolution
03
ATTACHMENT 1
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VICINITY MAP
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ATTACHMENT 2
06
RESOLUTION NO.
A RESOLUTION 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 AN EASEMENT FOR PUBLIC UTILITY
AND SEWER PURPOSES OVER LOT "I" OF TRACT MAP
32233-5, IN SECTION 7, TOWNSHIP 4 SOUTH, RANGE 5
EAST, FILE R 15-13, AND APPROVING A
DETERMINATION THAT THE ACTION IS
CATEGORICALLY EXEMPT FROM THE CALIFORNIA
ENVIROMENTAL QUALITY ACT (CEQA).
WHEREAS, the City Council of the City of Palm Springs, California, is authorized by
Chapter 4, Part 3, Division 9 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 following conditions are satisfied: (1)
the date of dedication is less than five years, and more than one year, and the
easement was not used continuously since their dedication, and (2) the easement has
been determined to be in excess by the easement holder, and there are no public
facilities located in the easement; and
WHEREAS, an original dedication of an easement for public utility and sewer purposes
was made over Lot "I" of Tract Map 32233-5, recorded in Map Book 439, Pages 78 —
85, on December 26, 2013, records of Riverside County, California; and
WHEREAS, in accordance with California Government Code Section 65402, the
proposed vacation and abandonment of a portion of the public utility and sewer
easement dedicated over said Lot "I" was submitted to and reported upon by the
Planning Commission of the City of Palm Springs; and
WHEREAS, on February 10, 2016, the Planning Commission of the City of Palm
Springs determined that the proposed vacation and abandonment of a portion of the
public utility and sewer easement dedicated over said Lot "I" was in conformance with
the Palm Springs General Plan; and
WHEREAS, the portion of the public utility and sewer easement dedicated over said Lot
"I", being the vacated area described on Exhibit "A" and shown on Exhibit "B", attached
hereto and made a part hereof, was dedicated less than five years and more than one
year immediately preceding the proposed vacation, and the easement was not used
continuously since that date; 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,"
consist of projects that do not result in any change in land use or density on sites with
07
Resolution No. _
Page 2
less than twenty percent slope, such as lot line adjustments, minor encroachment
permits, and reversion to acreage, and the proposed action involves the summary
vacation of an easement for public utility and sewer purposes which would not increase
the density of development in this area on a site that is relatively flat, with no other
special circumstances exist that would create a reasonable possibility that the proposed
action will have a significant adverse effect on the environment; and
WHEREAS, in accordance with Section 15305 of the CEQA Guidelines, the City
Council has determined that action to summarily vacate the easement for public utility
and sewer purposes 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 adopt this Resolution in accordance with
Chapter 4 "Summary Vacation," of Part 3 "Public Streets, Highways, and Service
Easements Vacation Law," of Division 9, "Change of Grade and Vacation" of the
California Streets and Highways Code (Section 8330 et. seq.).
Section 2. The City Council does hereby summarily vacate and abandon all the City's
right, title and interest in a portion of the public utility and sewer easement dedicated
over Lot "I" of Tract Map 32233-5, recorded in Map Book 439, Pages 78 — 85, on
December 26, 2013, records of Riverside County, California, being the vacated area
described on Exhibit "A" and shown on Exhibit "B", attached hereto and made a part
hereof.
Section 3. The City Council has determined that the summary vacation of the portion
of the public utility and sewer easement dedicated over said Lot "I" is made pursuant to
Section 8333(b) of the California Streets and Highways Code, in that the easement was
dedicated less than five years, and more than one year, immediately preceding the
adoption of this Resolution, and the easement was not used continuously since that
date.
Section 4. 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. Upon recordation of this Resolution, the portion
of the public utility and sewer easement dedicated over said Lot "I", as described and
shown on Exhibits "A" and "B", shall be deemed vacated, abandoned, and shall no
longer constitute a public service easement.
Section 5. The City Council hereby determines that the action undertaken by this
Resolution summarily vacating and abandoning all the City's right, title and interest in
the portion of the public utility and sewer easement dedicated over said Lot "I", as
described and shown on Exhibits "A" and "B", is categorically exempt from CEQA
pursuant to Section 15305 "Minor Alterations in Land Use Limitations."
08
Resolution No.
Page 3
ADOPTED this 17th day of February, 2016.
DAVID H. READY, CITY MANAGER
ATTEST:
JAMES THOMPSON, CITY CLERK
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 February 17, 2016, by
the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
JAMES THOMPSON, CITY CLERK
City of Palm Springs, California
09
EXHIBIT `A"
LEGAL DESCRIPTION
PUBLIC UTILITY EASEMENT VACATION
IN THE CITY OF PALM SPRINGS, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, LOT
°I° OF TRACT MAP NO. 32233-5,AS SHOWN BY MAP ON FILE IN BOOK 439 OF MAPS, AT
PAGES 78 THROUGH 85, INCLUSIVE, RIVERSIDE COUNTY RECORDS, LOCATED IN THE
SOUTHEAST QUARTER OF SECTION 7, TOWNSHIP 4 SOUTH, RANGE 5 EAST, SAN
BERNARDINO MERIDIAN.
EXCEPTING THEREFROM THE SOUTHWESTERLY 10.00 FEET ALONG AND ADJOINING
THE PRIVATE STREET SHOWN AS CELADON STREET ON SAID MAP.
AS DEPICTED IN EXHIBIT "B" ATTACHED HERETO AND BY THIS REFERENCE MADE A
PART HEREOF.
PREPARED BY OR UNDER THE DIRECTION OF: Lq�
2-1
CHARLES R. HARRIS P.L.S. 4989 CKMUEa a fuMs
DATED: // 9 /,� EXP. 12131/2015
y No. 1Yeo 1
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PAGE 1 OF 1 1 O
EXHIBIT °B°
VACATION OF PUE RIGHTS OVER A PORTION OF
LOT "I" OF TRACT MAP NO. 32233-5,
MB 439/78-85
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DATED: MSA CONSULTING, INC.
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= 0.115 AC. J.N. 1609 SHEET 1 of 1
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