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HomeMy WebLinkAbout4/15/2009 - STAFF REPORTS - 2.I. iMicE-;ael Russell _ 660 Palisades Drive h �' >�I•~ ,�' Palm Springs.CA 90266 Phone(310( 939- 9024 Fax 939-9031 April 15, 2009 Honorable Mayor and City Council City of Palm Springs RE: Summary Vacation of Public Utility Easements Within Lots 6 And 7 of Palm Springs Palisades Map in Section 15, Township 4 South, Range 5 East; File R 08-022 (Easement) Good Morning Ladies and Gentlemen, I own the property located at 660 Palisades Drive winch is immediately adjacent to the Meyerman property, specifically Lots 6 and 7. I have not had an adequate opportunity to review the requested Vacation of the Easement on the Meyerman property- Due to the extremely late notice, I have also not had the ability to get an expert in this area to review the potential impact to our property and to the impact to the future development of our property. I hereby respectfully request that any vote or decision on the above referenced Vacation of the Easement be delayed for 90 days so that myself and my neighbors who are affected by this action can have time to adequately assess the impact to my property and to our neighbor's property. Please grant this request for a 90-day extension for any vote on the above referenced matter, as we were not given adequate notice, and this Vacation of the Easement may materially affect the use and enjoyment of my property which is affected by this Easement. Respectfully Yours, Michael Russell cc. George Braunstein, Esq. Jay Thompson From: tconrac1412@aol.com Sent: Wednesday, April 15, 2009 12:02 PM To: Jay Thompson, Steve Pougnet Subject: Fwd: Palisades Tract SCE Feed/PUE vacation Dear Jay, 1 respectfully request a delay on the Council's action tonight so that we can fully investigate the impact to our property's value and development potential. Thank you. Tracy Conrad -----Original Message----- From; Lynch, Thomas [mailLO.TLynekw�ms=aorxyu).tinginc.com] Sent: Wednesday, April 15, 200.9 ll:02 AM To: Tracy Conrad subject! FW: Palisades Tract SCE Feed Tracy - we are going to need more time here. . . . . Tom Lynch Utilities Coordinator M5A Consulting, Inc. -----Original Message----- From: Jeremy.Sdwards@sce.com [mailto:Jeremy.,Pdwardsc�sce.coin] Sent: Wednesday, April l5, 2009 11:00 AM TO: Lynch, Thomas Sub}ect: Re: Palisades Tract SCE Feed Tom, We are going to need more information regarding the new site that is to be developed. In Order for us to figure out how best to serve the property we will need information as to whether the property is zoned or planned to be zoned for commercial, residential or both. Also, we would need to take a look at the existing property as well as the Edison facilities that were installed in order to find a feed paint. I can set up a meeting with our tract planner in order to have the tract map for the Palisades tract and we can all go over the feed point location and possible designs. However, if you are looking for an answer today I would have to cell you there is more research to be done as it will take some time to gather the maps and look them over in order to make an informed decision regarding the PUE. Thank you, Jeremy Edwards Service Planner Palm 5prings District Office: (760) 202 - 4250 PAX# 14250 Email: 7e,,ERmy_edwardswsce.com 4/15/2009 "Lynch, Thomas" <TLynchomsaconsul tinginc.comn To <Jcremy.Edwards@sce.comn 04/13/2009 09:26 CC AM Subject Palisades Tract SCE Feed Jeremy - There is an existing PUS straddling two lot lines in the Palisades tract behind the Palm Springs Museum. we need to find cum the best available path for my client who owns property just to the north and west of that PUE. The owner of the land that has the PUE on it is trying to abandon that PUE but: I think that• will kill the best feed co my client's property. We need to take a look at the available routes to my clients site and see what SCE feels is the best path with adequate Power. Please let me know what you think. Tom Lynch Utilities Coordinator (Embedded image moved to tile: piC04967.gif)MSA Consulting, Inc. Save money by eating out! Find great dining coupons in your area. 4/15/2009 PALM 5,0 u � Ff "Oao.n ,,•. c94FORN�P, CITY COUNCIL STAFF REPORT Date: April 15, 2009 CONSENT CALENDAR Subject: SUMMARY VACATION OF PUBLIC UTILITY EASEMENTS WITHIN LOTS 6 AND 7 OF PALM SPRINGS PALISADES MAP IN SECTION 15, TOWNSHIP 4 SOUTH, RANGE 5 EAST; FILE R 08-022 From: David H. Ready, City Manager Initiated by: Public Works and Engineering Department SUMMARY The Streets and Highways Code of the State of California allows the City to consider summarily vacating public service easements by following a streamlined process under certain conditions. In this case, the City Council may summarily vacate an unused public service easement 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 PUBLIC UTILITY EASEMENTS LOCATED WITHIN LOTS 6 AND 7 OF PALM SPRINGS PALISADES IN SECTION 15, TOWNSHIP 4 SOUTH, RANGE 5 EAST; FILE R 08-022." STAFF ANALYSIS: On September 23, 2008, staff received an application from the Harold and Dorothy Meyerman Trust to vacate public utility easements located in Lots 6 and 7 of Palm Springs Palisades, the hillside tract located north of West Tahquitz Canyon Way, directly west of the Palm Springs Art Museum. The existing easement has never been used by public utility companies, and vacating the easement will allow both lots to be merged and developed pursuant to separate City approval. The City Council considered this request to summarily vacate the public utility easement at its March 25, 2009, meeting. A summary vacation is a different process than a normal right-of-way vacation, in that, no public notice or public hearing is required. The law allows for this streamlined process for cases where a right-of-way or easement was dedicated, but never used. This is the case here. ITEM SIC. 2 �' City Council Staff Report April 15, 2009- Page 2 Summary Vacation of PUE On March 26, 2009, prior to the City Council meeting, staff was contacted by Mr. Steve Locascio, a property owner adjacent to the Meyerman property. Mr. Locascio was concerned that no notice had been given to the adjacent property owners regarding the public utility easement vacation, and that the item should not be considered separate from Mr. Meyerman's application to construct a new guesthouse on the subject property. These concerns were shared with members of Council, and during consideration of the item at the City Council meeting, it was determined that the item should be considered at another date, in conjunction with Mr. Meyerman's application to construct a new guesthouse. The item was continued to an uncertain date. On April 6, 2009, staff received a request from Mr. Jim Cioffi on behalf of Mr. Meyerman, requesting that the item be rescheduled at the next available City Council meeting (see Attachment I)- Staff has confirmed that Mr. Meyerman has applied with the Department of Planning Services to construct a new 2,682 square feet house spanning Lots 6 and 7 of the Palisades map (Case 3.3323). This application is subject to architectural review given the hillside nature of the property. As part of the architectural review process, public notice to adjacent property owners, as well as public hearings at the Architectural Advisory Committee and Planning Commission will be required prior to approval being granted for construction of the new house. The Planning Commission's approval on architectural review cases is final) the City Council will not review and approve the case, unless an appeal is filed. Therefore, while vacating the public utility easement extending along the common lot line of Lots 6 and 7 will be necessary to accommodate Mr. Meyerman's intention to construct a new house on the property, it also facilitates Mr. Meyerman's application to merge the existing lots to create one more legally conforming lot. Lot 7 is a legal non- conforming lot, having approximately 12,700 square feet, whereas the underlying Zane R1A requires a minimum 20,000 square feet. While Lot 6 is a legal conforming lot as to size (having approximately 23,126 square feet), it is non-conforming as to depth (has less than 120 feet depth) and is a very irregularly shaped lot. See Attachment 2 for an exhibit of the subject lots. Irrespective of whether a new home is approved on the subject property, vacating the unused public utility easement between Lots 6 and 7 allows for merging of Lots 6 and 7, perfecting these two irregularly shaped, non- conforming lots into one more legally conforming and usable parcel. Chapter 4 "Summary Vacation", of part 3 "Public Streets, Highways, and Service Easement Vacation Law", of Division 9 "Change of Grade and Vacation" of the California Streets and Highways Code (Section 8330 et. seq.), outlines the process to follow for summarily vacating public service easements. In accordance with Section 8333 of the Code, a local agency may summarily vacate a public service easement if the easement has not been used for the purpose for which it was dedicated or acquired for five consecutive years immediately preceding the proposed vacation. The City need City Council Staff Report April 15, 2009- Page 3 Summary Vacation of PUE only adopt a Resolution citing specific facts that allows for the summary vacation of the public service easement; a Public Hearing is not required. Staff coordinated with the public utility companies and determined that there are no public utilities within the easements. Staff has verified that the public utility easements are not necessary for use by the public utility companies, and recommends that the City Council adopt the attached Resolution, which will vacate the public utility easements located on Lots 6 and 7 of Palm Springs Palisades Map. FISCAL IMPACT: None, David J. Barakian Thomas J. Wi n Director of Public Works/City Engineer Assistant City Manager David H. Ready, City M ATTACHMENTS: 1. April 6, 2009, letter requesting reconsideration 2. Lot 6 and 7 Exhibit 3. Vicinity Map 4. Resolution t^� Apri16, 2009 1 O f A R C FI I T E C T Mr. Marcus Fuller Engineering Department City of Palm Springs 3200 E_ Tahquitz Canyon Way APR - 6 2009 P.O. BOX 2743 Palm Springs, CA 92262 Re: Meyerman Residence, 581 Palisades Drive, Vacation of P.U.E. and Proposed lot merger. Dear Marcus, This letter shall confirm our discussion of April 3, 2009. We are in agreement that the PVE vacation and lot merger have no relationship to the proposed home application. That application will be processed through AAC and Planning. The surrounding neighbors have and will be contacted at the appropriate time. Please calendar Mr. Meyerman's utility vacation and lot merger for the next available council agenda. Thank you des Eaofri, For Harold Meyerman Cc. Harold Meyerman Cc. David Baron 2121 E. TAHQUITZ CANYON WAY, SUITE 3 PALM SPRTNOS, CALIFORNIA 92262-7021 TEL 760 325 1557 FAX 760 $27 8214 WW-W.CIOFFIARCHITECT.COM v I LOT 7 12,700 S.F. �u Io T c 1 N LOT 6 23, 125 S.F. A 103' O 5 QP I I 1 \ 1 1 CITY OF PALM SPRINGS w PUBLIC WORKS & ENGINEERING / 'G ,." DEPARTMENT Page 1 of 1 � 1 I I I W-AtnaAlo'Rd- —E=Amado-Rd (+ W m 0 � I E-AndrearPd n e L i c ET �Y o. o. III W Ace n�.ts:Pid"'"' �`•• _4__E.Armn Ys•iRd.. y �I 1+ ' $�n � D � 1� 't ---- W'barlsto'nd MJ 71 7p, =1 VICINITY MAP 467ry ~ PUE Vacation N CityGTS I C'�l lFOCR1R4 Copyright o 2006 All Rights Reserved. The mtormshon contained herein Is the proprietary property of the contributor supplied under license and may not be approved except as licensed by Digital Map products. http://maps.digitaimapcentral.com/production/CityGIS/vO7 01 059/index.html 4/7/2009 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 PUBLIC UTILITY EASEMENTS LOCATED WITHIN LOTS 6 AND 7 OF PALM SPRINGS PALISADES IN SECTION 15, TOWNSHIP 4 SOUTH, RANGE 5 EAST; FILE R 08-022 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 (the "statute"), to summarily vacate and abandon public service easements, or parts thereof, within the limits of the City; and WHERAS, pursuant to Section 8333 of the statute, the legislative body of a local agency may summarily vacate a public service easement if the easement has not been used for the purpose for which it was dedicated or acquired for five consecutive years immediately preceding the proposed vacation; and WHEREAS, a dedication of that public service easement shown within Lots 6 and 7 of Palm Springs Palisades, recorded in Map Book 19, Page 23, records of Riverside County, California, on May 20, 1937, was offered and accepted; and WHEREAS, the public service easement shown within Lots 6 and 7 of Palm Springs Palisades, recorded in Map Book 19, Page 23, records of Riverside County, California, on May 20, 1937, has been unused for the purpose for which it was dedicated for five consecutive years preceding the adoption of this Resolution. 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 I, "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 the public service easements located within Lots 6 and 7 of Palm Springs Palisades, Map Book 19, Page 23, Riverside County, California, being the vacated area described in Exhibit "A", and shown on Exhibit "B", attached hereto and made a part hereof. Section 3. This Resolution to summarily vacate and abandon all the City's right, title and interest in the public service easements located within Lots 6 and 7 of 4 Resolution No. Page 2 Palm Springs Palisades, Map Book 19, Page 23, Riverside County, California, is made in accordance with Section 8333, which states that the legislative body of a local agency may summarily vacate a public service easement if the easement has not been used for the purpose for which it was dedicated or acquired for five consecutive years immediately preceding the proposed vacation. 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. ADOPTED this 15th day of April, 2009. David H. Ready, City Manager ATTEST.- James Thompson, City Clerk CERTIFICATION STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss. CITY OF PALM SPRINGS ) 1, 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 April 15, 2009, by the following vote: AYES: NOES: ABSENT: ABSTAIN: 0 James Thompson, City Clerk City of Palm Springs, California EXHIBIT "A" PUBLIC UTILITY EASEMENT VACATION - PALM SPRINGS PALISADES R 08-022 THE SOUTHWESTERLY FIVE FEET OF LOT 6 OF PALM SPRINGS PALISADES AS FILED IN MAP BOOK 19 AT PAGE 23, RECORDS OF RIVERSIDE COUNTY CALIFORNIA, SHOWN AS 5' EASEMENT. SAID EASEMENT CONTAINS 1255 SQ. FT MORE OR LESS. TOGETHER WITH: THE NORTHEASTERLY FIVE FEET OF LOT 7 OF PALM SPRINGS PALISADES AS FILED IN MAP BOOK 19 AT PAGE 23, RECORDS OF RIVERSIDE COUNTY CALIFORNIA, SHOWN AS 5' EASEMENT SAID EASEMENT CONTAINS 1242 SQ. FT MORE OR LESS , TOTAL EASEMENT VACATION CONTAINS 2497 SO. FT MORE OR LESS. PREP R Y SA SO E 70 l L. SA RN 10/1 108 WO 08d61 PIIL:6-i J,L 01�j i d 1+7a10 CALIFn1mn� • W �----f--, - EXH/Bl T B -• I v CITY OF PALM SPRINGS ai INST. NO. 2008-0532146 a� i a O o � z LOT LOT 76 1 1 g APN-513—HO-043 g \ \ 11 ����5 PALM SPRINGS•S SEEDETiIIL ` \\ 14 �DEs�9j1'F M.B. 19Z234 LOW LOT 72 5 54` 10 9 8 12.5 1 LOOT 8 © 2 1 LOT 7 © O OO 3 LOT 310.62 J� i.� _ N 89050'00"E 489.83' rL TAHOUITZ CANYON DRIVE 1 1 1 . I LOT T > 10' P.U.E (2975 S.F.) LOT 7 1 dp a LAND yS�o@ L. 3 S. 4146 P.U.E BLOW-UP EXP. 6/30/10 100 RA5 0 H/C MAZE 100 200 N T.S. DETAIL C� O 5CALE 1..100' OF CA4�F of p�Gi APPROI-FD: CITY OF PALM SPRINGS DATE y PUBLIC WORKS & ENGINEERING 7987 ryL1F DEPARTMENT ASST. DIRECTOR OF PUBLIC IKI,RKS/ P.LS ASST. CITY ENGYNEER VA CA TION PLA T OL37GN Br $CALE: RLE NO.: LEGAL DESCRIPnoN: D.G.H. 1" — 60' R08-022 SEE EXHIBIT "A " CHECKED BY. W.D. / sHEEr No.: L ✓.L.S. 08-161 1 OF 2 EXH191 T 8 ( FORMERLY RECORDED ) DATA ODELTA/BEARING RADIUS LEN./015T TANGENT O (N 43015"00'E) (25.43) O (34013"00) (772.50) (67.18) (34.63) 3 (N 77028'00'E) (62.53) O (N 77028'00"E) (33.84) O (21°09'00) (126.54) (46.71) (23.62) O (32027'00) (119.94) (67.93) (34.90) a7 (68 042'00) (62.50) (74.94) (42.77) O8 (N 45008'00"W) (11.97) O9 (43030"00') (I37.50) (704.39) (54.86) 10 (N 88038"00"W) (63.59) 11 (38030'00) (74.50) (50.06) (26.02) 12 N 50008'00"W 13 40°39'41" (15.50) (11.00) (5.74) 74 (N 34003'00"W) 74.86' 74.36' 75 (N 59 027'00"W) 175.32' (175.41) 16 97°44'19" (75.50) 26.44 (17.75) 26.46' 17 (N 08032"00'E) 135.38' (735.02) 18 (N 89050100'E) 7B7.92' (187.78) 19 (N 89050'00"E) 122.70' (722.67) of PA;M APPROVED: CITY OF PALM SPRINGS DATE PUBLIC WORKS & ENGINEERING DEPARTMENT ASS7 DIRECTOR OF PUBLIC IFORKS/ P 8s ASST. MY OVaNZER VA CA TION PLA T DESIGN BY. SCALE; RLF ND.: LEGAL DESCRIPTION: D.G.H. 1" = lOD' R08-022 SEE EXHIBIT "A " CHECKED Br- W.O. f SHEET NO.: J.L.S. 08-161 2 OF 2