HomeMy WebLinkAbout2/16/2005 - STAFF REPORTS (7) • •
DATE: February 16, 2005
TO: City Council
FROM: Director of Public Works/City Engineer
DWA WELL SITE ACCESS ROAD RIGHT-OF-WAY VACATION
RECOMMENDATION:
It is recommended that the City Council, after considering testimony received at the
Public Hearing, adopt a resolution vacating the right-of-way dedicated for an unnamed
public street serving as access to a Desert Water Agency well site in Section 35,
Township 3 South, Range 4 East; File R-04-047.
SUMMARY:
The Streets & Highways Code of the State of California requires that the City hold a
Public Hearing to discuss and review proposed right-of-way vacations. After
consideration of testimony received at the Public Hearing, the City Council can consider
denial or approval of the requested right-of-way vacation.
BACKGROUND:
The City of Palm Springs once owned the majority of a 100-acre parcel of land at the
northwest corner of Sunrise Way and San Rafael Drive; the southeasterly 16 acres were
owned by Desert Water Agency (DWA). The property was acquired by the City for
affordable housing uses, and a master plan for an affordable housing development was
outlined by the City in 1980, in conjunction with DWA, with Tentative Tract Map 17642.
This development was phased, and the first Tract Map was recorded in 1981 (Tract Map
17642-1). This map created overall parcels for future subdivision and affordable housing
projects, as well as 5 individual well sites for Desert Water Agency. These well sites
were created in locations to serve the conceptual plan outlined by Tentative Tract Map
17642.
A second Tract Map was recorded, which the City developed as the Sunrise Norte
subdivision, (Tract Map 17642-2). Another portion of this property was developed as a
low income mobile home subdivision called Santiago Sunrise Village. In subsequent
years, other portions of the property were developed for additional low income housing
projects called Coyote Run, and most recently, Coyote Run 2, being developed by the
Coachella Valley Housing Coalition (CVHC).
In 1991, DWA had a need to develop its well sites created by Tract Map 17642-1, yet the
City had not pursued development of the remaining portion of the original conceptual
plan outlined by Tentative Tract Map 17642. In fact, the City's original concept was
revised by the fact that the City sold a portion of the property to the CVHC for its first
Coyote Run project. In order to have legal access to its internal well site along the north
side of this property, DWA coordinated with the City and developed its well site so that
access could be taken directly across the north portion of this property from Sunrise
Way, rather than through a circuitous path through "future" streets that at that time may
not ever be constructed, as originally conceived by Tentative Tract Map 17642. By
Resolution 17490, adopted by the City Council on April 17, 1991, and recorded as
Document No. 87943 on March 16, 1992, a legal public right-of-way was established
across the easterly 920 feet of the north 50 feet of this property, which has since been
used primarily as a gated and restricted access road to DWA's internal well site.
DWA Well Site Access Road Right-of-Way Vacation
February 16, 2005
Page 2
In 2002, Burnett Development Company originally proposed a tentative tract map for a
new senior housing development on the remaining portion of the 100-acre parcel.
Through a Development Agreement approved by the City and the Redevelopment
Agency, Burnett Development Company acquired the remaining portion of this property
for its use, and on December 19, 2002, Tentative Tract Map 30058 was conditionally
approved by the City Council. One of the conditions related to the vacation of the legal
right-of-way created for access to DWAs internal well site. It was staffs
recommendation, supported by the Planning Commission and approved by City Council,
that this public right-of-way (being used as a private access road to the DWA well site)
be vacated and developed as part of Tentative Tract Map 30058, and that the access to
the DWA well site be taken internally from the development (as originally conceived with
Tentative Tract Map 17642). The intent in the removal of the DWA well site access road
was to avoid a potential "alley' that would exist in the future, when development of the
adjacent parcel to the north (now approved as the Palm Springs Village) occurred. At
that time, housing units would exist along either side of this access road, which City
staff, as supported by the Planning Commission and approved by City Council, wanted
to avoid.
The K. Hovnanian development company subsequently acquired this property from the
Burnett Development Company and proceeded with final engineering and design, as
well as final mapping. In consultation with DWA, K. Hovnanian approached the City
regarding the condition requiring the vacation of DWAs well site access road. After
meeting with DWA staff, it was disclosed that an expensive re-design of the active DWA
well site would be required in order for the access to it to be taken from within Tentative
Tract Map 30058. Additionally, this specific well site is a primary well for DWA, being
located at the northerly end of its water distribution area and in close proximity to the
Whitewater River. DWA staff strongly objected to the vacation of the access road and
having to shut down their well site for a total reconfiguration in order to take access from
within Tentative Tract Map 30058.
After several meetings, staff conceded to DWA staffs objections, and supported K.
Hovnanian's revision to Tentative Tract Map 30058 which sought to remove development
of housing units within the 50 feet wide roadway, and to maintain the roadway as a
private access road for DWAs well site. A formal vacation of the public street right-of-
way would continue to be part of the requirements for Tentative Tract Map 30058,
however, the access road was proposed to remain, being improved to DWA standards
by K. Hovnanian, including a block wall along either side and gated access at Sunrise
Way. The Planning Commission recommended approval of these revisions on March
24, 2004, which the City Council subsequently approved on May 19, 2004. Therefore,
as part of its previous considerations of Tentative Tract Map 30058, the City has made a
finding that this public right-of-way is no longer necessary for present and future use.
Staff forwarded the requested right-of-way vacation information to the City Clerk, and
pursuant to Section 8320 of the Streets & Highways Code, the City Clerk
administratively scheduled a public hearing for February 16, 2005, to hear all persons
interested in or objecting to the right-of-way vacation.
Notices of the proposed 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. City staff coordinated
with the public utility companies and verified that the only existing public utilities within
this public right-of-way are DWAs own water distribution lines.
DWA Well Site Access Roffight-of-Way Vacation
February 16, 2005
Page 3
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 public right-of-way currently
serving as only access to the DWA Well site adjacent to the north side of Tentative Tract
Map 30058, consistent with the conditions approved by City Council.
SUBMITTED:
DAVID J. BARAKIAN
Director of Public Works/City Engineer
APPROVED:
DAVID H. REAjl �/
City Manager
ATTACHMENTS:
1. Resolution 17490
2. Vicinity Map
3. Exhibits "A" and "B"
NOTICE OF CITY COUNCIL MEETING
NOTICE OF PUBLIC HEARING
CITY OF PALM SPRINGS
File No. R-04-047
Vacation of the right-of-way dedicated for an un-named public street serving as
access to a Desert Water Agency well site
NOTICE IS HEREBY GIVEN that the City Council of the City of Palm Springs, California,
will hold a Public Hearing to consider the proposed right-of-way vacation at its meeting
of February 16, 2005. The City Council meeting begins at 7:00 P.M. in the City Council
Chamber of City Hall, located at 3200 E. Tahquitz Canyon Way, Palm Springs,
California.
The purpose of the Public Hearing is to consider vacating the right-of-way dedicated for
an un-named public street serving as access to a Desert Water Agency well site located
at the northerly end of Sunrise Way, more particularly described and shown on Exhibits
"A" and "B", attached hereto and made a part hereof, located in Section 35, Township 3
South, Range 4 East; City File R-04-047; an application made through the City of Palm
Springs.
If any individual or group challenges the proposed right-of-way vacation action in court,
issues raised may be limited to only those issues raised at the Public Hearing described
in the notice or in written correspondence submitted at, or prior to the City Council
Hearing.
An equal opportunity will be given for all interested persons requesting to be heard at the
Public Hearing. Questions regarding this proposed right-of-way vacation may be
directed to Marcus Fuller, Senior Civil Engineer, Department of Public Works and
Engineering, (760) 323-8253, ext. 8744.
MES THOMPSON
ity Clerk
�OQ p A L M Spy -
N City of Palm Springs
Department of Public Works and Engineering
3200 E Tahquitz Canyon Way • Palm Springs, California 92262
IF OR Tel- (760)323-8253 • Pax: (760)322-8360 • Web: www.ci.palm-springs.ca.us
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 Notice of Public Hearing (File No. R-04-047), for the vacation of all that
portion of Lot "C" as shown on Tract No 17642-1, Map Book 122, Pages 88 and 90 as
described In Exhibit"A" and shown in Exhibit"B" (attached), was posted in three (3) locations
(as indicated on Exhibit "B"), on January 28, 2005. A copy of said notice is attached hereto.
X�
David J. Barakian
Director of Public Works/City Engineer
Department of Public Works & Engineering
City of Palm Springs
California
Post Office Box 2743 0 Palm Springs, California 92263-2743
NOTICE OF CITY COUNCIL MEETING
NOTICE OF PUBLIC HEARING
CITY OF PALM SPRINGS
File No. R-04-047
Vacation of the right-of-way dedicated for an un-named public street serving as
access to a Desert Water Agency well site
NOTICE IS HEREBY GIVEN that the City Council of the City of Palm Springs, California,
will hold a Public Hearing to consider the proposed right-of-way vacation at its meeting
of February 16, 2005. The City Council meeting begins at 7:00 P.M. in the City Council
Chamber of City Hall, located at 3200 E. Tahquitz Canyon Way, Palm Springs,
California.
The purpose of the Public Hearing is to consider vacating the right-of-way dedicated for
an un-named public street serving as access to a Desert Water Agency well site located
at the northerly end of Sunrise Way, more particularly described and shown on Exhibits
"A" and "B", attached hereto and made a part hereof, located in Section 35, Township 3
South, Range 4 East; City File R-04-047; an application made through the City of Palm
Springs.
If any individual or group challenges the proposed right-of-way vacation action in court,
issues raised may be limited to only those issues raised at the Public Hearing described
in the notice or in written correspondence submitted at, or prior to the City Council
Hearing.
An equal opportunity will be given for all interested persons requesting to be heard at the
Public Hearing. Questions regarding this proposed right-of-way vacation may be
directed to Marcus Fuller, Senior Civil Engineer, Department of Public Works and
Engineering, (760) 323-8253, ext. 8744.
JAMES THOMPSON
City Clerk
RESOLUTION NO.
OF THE CITY COUNCIL OF THE CITY OF PALM
SPRINGS, CALIFORNIA, VACATING AND ABANDONING
ALL OF ITS RIGHT, TITLE AND INTEREST IN THE
RIGHT-OF-WAY DEDICATED FOR AN UN-NAMED
PUBLIC STREET SERVING AS ACCESS TO A DESERT
WATER AGENCY WELL SITE IN SECTION 35,
TOWNSHIP 3 SOUTH, RANGE 4 EAST; FILE R-04-047
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 vacate and close to public use streets, or parts of streets, within the
limits of the City; 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, pursuant to Section 8320 of the statute, the City Clerk administratively set a
public hearing for February 16, 2005, for City Council consideration of vacating and
closing to public use the right-of-way dedicated for an un-named public street serving as
access to a Desert Water Agency well site; and
WHEREAS, the City Clerk did cause to be published a notice of the public hearing, and
did cause to be posted notices of vacation along the line of the un-named public street
serving as access to a Desert Water Agency well site, as required by the statute, and
WHEREAS, the City Council did hold a public hearing as required by the statute, and
has considered all evidence submitted concerning the right-of-way dedicated for an un-
named public street serving as access to a Desert Water Agency well site, being the
land declared open for street and highway purposes by Resolution 17490 of the City
Council of the City of Palm Springs, adopted on April 17, 1991, and recorded as
Document No. 87943 on March 16, 1992; also 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. The City Council does hereby find that the right-of-way dedicated for an
un-named public street serving as access to a Desert Water Agency well
site is unnecessary for present or prospective public use.
Section 2. Subject to Section 3, the City Council does hereby vacate and abandon
all the City's right, title and interest in the right-of-way dedicated for an un-
named public street serving as access to a Desert Water Agency well
site, being the land declared open for street and highway purposes by
Resolution 17490 of the City Council of the City of Palm Springs, adopted
on April 17, 1991, and recorded as Document No. 87943 on March 16,
1992; also as described and shown on Exhibits "A" and "B", attached
hereto and made a part hereof.
Resolution No.
Page 2
Section 3. The City of Palm Springs reserves and excepts from the foregoing
vacation an easement to Desert Water Agency for domestic water
distribution purposes, including the right to operate and maintain
pipelines, cables, wires or any other facility used in conjunction with
domestic water distribution purposes existing within the vacated area.
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 161h day of February, 2005.
AYES:
NOES:
ABSENT:
ATTEST: CITY OF PALM SPRINGS, CALIFORNIA
By:
James Thompson, City Clerk David H. Ready, City Manager
EXHIBIT"A"
LEGAL DESCRIPTION
Lot C of Tract No. 17642-1, as shown by a map on file in Book 122, Pages 88 through 90, inclusive,
of Maps, Records of Riverside County.
Except that portion of said Lot C lying within Parcel 1 of Lot Line Adjustment No. LLA 99-12,
recorded April 29, 2003, as Instrument No. 2003-300163 of Official Records of said County.
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Date: 1 A ,� 3 ¢'t
No. 6654
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PROOF OF PUBLICATION This is space for County Clerk's Filing Stamp
(2015.5.C.C.P)
N0.0911
NOR'ICF, OF CITY COUNCIL MEETING
NOTICE OF PUBLIC HFAMIM
STATE OF CALIFORNIA (ArY OF PALM SPHINGS
County of Riverside c-lie roe. R-ca-r,^7
Vacation of the right-of-way
dedicated for an un-named public.
street serving as access to a
Desert Water Agency well site
NOTICE IS HEREBY CIVEN that the City Council
of the City of Papa Springs, California, will hold a
Public Hearing to consider the proposed right-of-
way vacation at its meetingg of;ebruary 16,2005.
The City Council meetmd-begins at 7:00 P M in
the City. Council Chamber of City Poll, located at
3200 E. Tahqultz Canyon Way, Palm Spins
I am a citizen of the United States and a resident of Caidornia.
the County aforesaid;I am over the age of eighteen The purpose of the Public Healing Is to consider
years,and not a party to or interested in the vacating the right-of-way dedicated for an un-
named public street serving as access to a Desert
above-entitled matter.I am the rinci al clerk of a wafer Agency wen site located at In. nonneay
p P end of Sunrise Way. Lucie particul.fy desoiibed
printer of the,DESERT SUN PUBLISHING and shown on ExhihRs A' and B', attached
herein and made a part hereof,located In Section ;f-N
COMPANY a newspaper of general circulation, 35, Township 3 South, Range 4 Easy, City Ede R- r,r
04-047, an application made through the Cliy of
printed and published in the city of Palm Springs, Palm Springs. d , �,
County of Riverside,and which newspaper has been If any individual or"group challenges the proposed
adjudged a newspaper ofgeneral circulation by the iight-of-way vacation action in court, issues
raised may be limited to only these issues raised
Superior Court of the County of Riverside,State of at the Public Hearing described in the notice ei in
California under the date of March 24,1988.Case written correspondence submatea rd, or prior to
City Councu Hearing,
Number 191236;that the notice,of which the Inn equal opportunity will be given for all Interest-
annexed is a printed copy(set in type not smaller ad poisons requesting to be heard at the Public
Hearing. Oues ions regarding this robased light-
than non pariel,has been published in each regular '�f-way vac_gars,,vey_',' Ifir.�ff.malau -Euf,_
er, Senior Qvd Engmeei, Doppartmerit of Public
and entire issue of said newspaper and not in any Works and Engineering, (760) 323-8253, ext.
supplement thereof on the following dates,to wit: 8744,
DAMES THOMPSON
City Clerk
-----Jan i0 EXHIBIT °A^
LEGAL DESCRIPTION
---------------------_------______-------------___ Lot C of Tract No. I7642-1, as shown by a map
on file in Book 122,,Pages 88 through 00, inciu-
All in the year 2005 sive, of Maps, Records of Riverside Gounty.'
Except that portion of sold Lot C lym within Par-
Icertif or declare under penalty of perjury that the -cal 1 of Lot Line Adjustment,No. U - 99-12, re-
Y( p �' p J r]' corded Apid 29, 2003, as Instrument No.
foregoing is true and correct. 2003-300103 of Official Records of said County
SEAL
d /s/flary S. Meevs, L.S. No 6654
Dated at Palm Springs,California this----24 '---day License Expires• Dscembar 31. 2005
Date: 11/1//04
of------January----------2005
Signature Z
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I jd.
RESOLUTION NO. o U �)3
OF THE CITY COUNCIL OF THE CITY OF PALM
SPRINGS, CALIFORNIA, VACATING AND ABANDONING
ALL OF ITS RIGHT, TITLE AND INTEREST IN THE
RIGHT-OF-WAY DEDICATED FOR AN UN-NAMED
PUBLIC STREET SERVING AS ACCESS TO A DESERT
WATER AGENCY WELL SITE IN SECTION 35,
TOWNSHIP 3 SOUTH, RANGE 4 EAST; FILE R-04-047
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 vacate and close to public use streets, or parts of streets, within the
limits of the City; 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, pursuant to Section 8320 of the statute, the City Clerk administratively set a
public hearing for February 16, 2005, for City Council consideration of vacating and
closing to public use the right-of-way dedicated for an un-named public street serving as
access to a Desert Water Agency well site; and
WHEREAS, the City Clerk did cause to be published a notice of the public hearing, and
did cause to be posted notices of vacation along the line of the un-named public street
serving as access to a Desert Water Agency well site, as required by the statute; and
WHEREAS, the City Council did hold a public hearing as required by the statute, and
has considered all evidence submitted concerning the right-of-way dedicated for an un-
named public street serving as access to a Desert Water Agency well site, being the
land declared open for street and highway purposes by Resolution 17490 of the City
Council of the City of Palm Springs, adopted on April 17, 1991, and recorded as
Document No. 87943 on March 16, 1992; also 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. The City Council does hereby find that the right-of-way dedicated for an
un-named public street serving as access to a Desert Water Agency well
site is unnecessary for present or prospective public use.
Section 2. Subject to Section 3, the City Council does hereby vacate and abandon
all the City's right, title and interest in the right-of-way dedicated for an un-
named public street serving as access to a Desert Water Agency well
site, being the land declared open for street and highway purposes by
Resolution 17490 of the City Council of the City of Palm Springs, adopted
on April 17, 1991, and recorded as Document No. 87943 on March 16,
1992; also as described and shown on Exhibits "A" and "B", attached
hereto and made a part hereof.
Resolution No.
Page 2
Section 3. The City of Palm Springs reserves and excepts from the foregoing
vacation an easement to Desert Water Agency for domestic water
distribution purposes, including the right to operate and maintain
pipelines, cables, wires or any other facility used in conjunction with
domestic water distribution purposes existing within the vacated area.
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 161h day of February, 2005.
AYES:
NOES:
ABSENT:
ATTEST: CITY OF PALM SPRINGS, CALIFORNIA
By:
James Thompson, City Clerk David H. Ready, City Manager
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EXHIBIT"A"
LEGAL DESCRIPTION
Lot C of Tract No. 17642-1, as shown by a map on file in Book 122, Pages 88 through 90, inclusive,
of Maps, Records of Riverside County.
Except that portion of said Lot C lying within Parcel 1 and Parcel 2 of Lot Line Adjustment No.
LLA 99-12, recorded April 29, 2003, as Instrument No. 2003-300163 of Official Records of said
County.
Su/ r (U'�.�.�-R ����O\AND SIj�G�c
Rory Williams, L.S.No. 6654 J Rory S.
License E�Pires• December 31, 2005 Rory
S.
WilliamsWillia
Date: l/ 12131/05
J fs�v>� No. 6654
l ��qTE OF CAS\FO��P
Revised:January 28,2005
November 17,2004
WO No. 1583-13X
Page 1 of 1
H&A Legal No.6252
By R.Williams
Checked By J. Stablein
EXHIBIT "B"
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LEGAL DESCRIPTION DESIGN BY: SCALE: FILE NO
SEE EXHIBIT "A" B. ETEMADI 1" = 200' R-04-047
CHECKED BY W.O. # SHEET NO.
R. WILLIAMS 1583-13X 2 OF 2
EXHIBIT"A"
LEGAL DESCRIPTION
Lot C of Tract No. 17642-1, as shown by a map on file in Book 122, Pages 88 through 90, inclusive,
of Maps, Records of Riverside County.
Except that portion of said Lot C lying within Parcel 1 and Parcel 2 of Lot Line Adjustment No.
LLA 99-12, recorded April 29, 2003, as Instrument No. 2003-300163 of Official Records of said
County.
SAND S&
Rory /Williams, L.S. No. 6654 J� Rory S. Williams O
License EI 6654
nires- December 31 5, 2005 �
Date: I/ Exp 1
f No. 6654
cP], �Q-
9TFOF CA��FO��
Revised:January 28,2005
November 17,2004
WO No. 1583-13X
Page 1 of 1
H&A Legal No. 6252
By R.Williams
Checked By J.Stablein
EXHIBIT "B"
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LEGAL DESCRIPTION: DESIGN BY: SCALE: FILE NO.:
SEE EXHIBIT »A» B. ETEMADI 1" = 200' R-04-047
CHECKED BY: W.O. X SHEET NO.:
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