HomeMy WebLinkAbout9/15/2004 - STAFF REPORTS (22) DATE: September 15, 2004
TO: City Council
FROM: Director of Public Works/City Engineer
CABRILLO 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 a portion of the right-of-way dedicated for the
public street named Cabrillo Road in Section 3, Township 4 South, Range 4 East, File R-
03-055.
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:
On December 15, 2003, staff received a formal request from the owners of the property
located at 2699 North Palm Canyon Drive to vacate a portion of the right-of-way for
Cabrillo Road. The proposed right-of-way vacation is adjacent to a vacant lot at the
southwest corner of the intersection of Cabrillo Road and North Palm Canyon Drive.
This area of the City has irregularly shaped lots, with lots narrow and at an angle to
North Palm Canyon Drive, creating a challenge for the property to be developed. The
request relates to the fact that Cabrillo Road has a total right-of-way width of 60 feet,
whereas it is a local street on the City's General Plan, requiring a total right-of-way width
of 50 feet. The request is to vacate the southerly 5 feet of right-of-way, which would
provide the required 25 feet half-width for a local street. This will also provide more
usable area to be developed in conjunction with construction of the adjacent property.
On May 26, 2004, the Planning Commission approved Case No. 10.448, determining
that the proposed right-of-way vacation of the south 5 feet of Cabrillo Road between the
public alley and North Palm Canyon Drive was consistent with the Circulation Element of
the General Plan.
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 September 15, 2004, 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 there are no existing public utilities
within the portion of Cabrillo Road proposed for vacation.
m3A
Cabrillo Road Right-of-Way Vacation
September 15, 2004
Page 2
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 subject portion of Cabrillo
Road.
SUBMITTED:
DAVID J. BARAKIAN
Director of Public Works/City Engineer
APPROVED:
DAVID H. READY
City Manager
ATTACHMENTS:
1. Resolution
2. Vicinity Map
3. Exhibits "A" and "B"
Affidavit of Publication
In Newspaper
STATE OF CALIFORNIA
County of Riverside
Laura Reyes being first duly
NOTICE OF CITY COUNCIL MEETING
sworn, deposes and says: NOTICE OF PUBLIC HEARING
CITY OF PALM SPRINGS
File No.FUOI
1. I am a citizen of the United APoNion of Cann Raad
NOTICE IS HEREBY GIVEN Ibe11M1e G11y Council 0 IM1e
States, a resident of the Cityof 011y°I Palm Stull cabmrnla,v"n T°Id a Fruitsrental
'to onnslaer in,Proposed dGht-ollvay wcmmn at Its marl
Indio, County of Riverside, Slate m9°1 Se insurer 15, 2004 Thu Cry central m°anng
begins al]AO ru In He Of,German[number at Of,
of California, and over the age of But laaala"al 32DD E TahamlZ Canyon Way. Pala)
Sproge California
18 years. Tha chip..at IBe thole Health,Is m°°naleer
2, I am the Office & Production °`°""°a°°"'°"°""°"""ng p°°°`"all"°'-wav for
Cabrillo flora oonc of to IM1e pr°°°rly tic Lah Of-why N
Manager of The Public Record, EANNI.'A and va,marchedhel°dy Ana°rlbeaA an he an
Prior Canyon
nGave, orepadhaml°antlm ad.e shown
e.
aL all In Suction 3,Townshlp 4,Harris 4 East,Clur File Rl
a newspaper of general Al An of.1nmads Under,the Oily of Palm toills.
circulation printed and D Bay Ineelon sic rn In ceballengoamapropysan
d IrvSI-wa N a, m comm,tion..ralaea re as
IImII°d 1°ally Ih°s°Issues inland as In.Public Haann i
published in the City of Palm aasmbrd in the abuse or In WnNcn correspondence sub
milled At,or pllor to IM1e Clly Cl Hearing
Springs, County of Riverside, An equal appOHunny will be glans for all Interested
State of California. Said The Questionnegandranding lato roposaIme Public Hearing
gRNng IIJb pnamed tl r�the Public Hearing
sition
may be tllrecle°to Marcus Fuller Banl°r CIVII Enalnaar,
Public Record is a newspaper of DaprRm401 of Pnbna Works and E"elna°a",,Chiral s23-
e25D.lot III
general circulation as that term PATRICIA A,SANDERS
is defined in Government Code FBI
O..CICdr
section 6000, its status as such LEGAL DESCRIPTION
RIGHT OF WAY VACTION
having been established by IN THE CITY OF PALM SPRINGS,COUNTY OF RIVERSIDE,
STATE OF CALIFORNIAI
judicial decree of the Superior THAT Pa9T1CN OF LOT'c'AND LOT T'AS SHOWN ON__
P THE MAP OF PALM SPRINGS VILLAGE ESTATES NO 2,ON
Court of the State of California in FILE IN BOOK 10,PAGE 22,OF MAPS,BEING WITHIN A
PORTION OF THE NORTHEAST ONE QUARTER OF BEG-
and for the County of Riverside TON 3,TOWNSHIP 4 MUTH,RANGE 4 EAST BSM,
MORE PARTICULARLY DESCRIBED AS FOLLOWS
in Proceeding No. Indio 19271, COMMENCING AT THE CENTERLINE INTERSECTION OF
PALM CANYON DRIVE AND CABRILLO FORD,AS SHOWN
dated March 31, 1987, entered in ONSAIO MAP OF PALM SPRINGS VILLAGE ESTATE NO 2,
JIIENCE NORTHh9 STSPWEBTALANs1HECENTEGUI E
Judgment Book No. 129, page OF SAID CABRILLO ROAD,A OISTANDE OF so He FEET
THENCE PERPENDICULAR TO LAST MENTIONED
355, on Match 31, 1987. COURSE.Va.an.202T WEBTA DISTANCE OF 2300
FEET,TO THE TRUE POINT OF BEGINNING;
3. The Public is a THENCE SOUTH 34 03'Ds"EAST A DISTANCE OF 1014
FEETTOgP01NTONTHEAflC OF NON4ANGENTCUflVE,
newspaper of genera] circulation CONCAVE SOUTHWESTERLY,HAVING A RADIUS OF 2006
FEETARADIALTIETHROUGHACENTRALANGLEOF26'
ascertained and established in 30'31"AN ARC DISTANCE OF It go FEE[
the THENCE,CONTINUING ALONG SAID SOUTHERLY LINE
Clty Of Palm .SpCing$ 1❑ [11C NOflH 0'n HE
WEPT.A DISTANCE OF 7551 FEET TO
THE BEGINNING OF A TANGENT CURVE, CONCAVE
County of Riverside, State of SOUTHEASTERLY HAVING SACHS OF 2110 FEET SAID
California, Case No. RIC 358286, POINT BE SO THE MOST NORTHEASTERLY CORNER OF
SAID LOT I OC
Filed June 8, 2001. THENCE SOUTHEASTERLY ALONG SAID CURVE AND
ALONG THE EASTERLY LINE OF SAID LOT"C"THROUGH
4. The notice, of Which the A CENTRALANGLE OF 12B'51'am AN ARC DISTANCE OF
4AID FEET TO A POINT,A RADIAL LINE PASSING
an11CXEd Is a true printed CO THROUGH SAID POINT BEARS NORTH 51'31'41"EAST,
p copy THENCE NON TANGENT TO LAST MESH CURVE
was published in the neW$ a el' NORTH 3B'2@ 19"WEST,A DISTANCE OF 27 53 FEET
P p THENCE NORTH 25-59'01"EAST,A DISTANCE OF 17.59
on the following publication FEETTO A PDINTLYNG 21 Sl FEET SOUTHERLY OFTHE
CENTERLINE OF SAID CABGILLO ROAD,MEASURED AT
dates t0 wit: RIGHTANGLES,
THENCE PARALLEL WITH SAID CENTERLINE SOUTH 09'
33'30"EAST A DISTANCE OF 04.T1 FEET TO THE TRUE
AUGUST
U A POINT OF BEGINNING
ST 24, 2QQY COMPRISINO 814 SQUARE FEET MORE OR LEON
Aegus124,31,2004
AUGUST 31, 2004
EXMI Iiw•p
I certify under penalty of perjury +; q
that the above is true and
correc . `.�
Reyes ,' - _ _
ice & Prodic ion Manager
NOTICE OF CITY COUNCIL MEETING
NOTICE OF PUBLIC HEARING
CITY OF PALM SPRINGS
File No. R-03-055
A Portion of Cabrillo Road
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 September 15, 2004. 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 a portion of an existing public
right-of-way for Cabrillo Road adjacent to the property located at 2699 N. Palm Canyon
Drive, more particularly described as shown on Exhibits "A" and "B", attached hereto and
made a part hereof, all in Section 3, Township 4, Range 4 East; City File R-03-055; 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 as 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.
PATRICIA A. SANDERS
City Clerk
19
EXHIBIT "A"
LEGAL DESCRIPTION
RIGHT OF WAY VACATION
IN THE CITY OF PALM SPRINGS, COUNTY OF RIVERSIDE, STATE OF
CALIFORNIA;
THAT PORTION OF LOT "C" AND LOT "I", AS SHOWN ON THE MAP OF
PALM SPRINGS VILLAGE ESTATES NO. 2, ON FILE IN BOOK 19, PAGE 22,
OF MAPS, BEING WITHIN A PORTION OF THE NORTHEAST ONE-QUARTER
OF SECTION 3, TOWNSHIP 4 SOUTH, RANGE 4 EAST, S.B.M., MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE CENTERLINE INTERSECTION OF PALM CANYON
DRIVE AND CABRILLO ROAD, AS SHOWN ON SAID MAP OF PALM
SPRINGS VILLAGE ESTATES NO. 2;
THENCE NORTH 890 33' 39" WEST ALONG THE CENTERLINE OF SAID
CABRILLO ROAD, A DISTANCE OF 55.54 FEET;
THENCE PERPENDICULAR TO LAST MENTIONED COURSE, SOUTH 000 26'
21" WEST A DISTANCE OF 25.00 FEET, TO THE TRUE POINT OF
BEGINNING;
THENCE SOUTH 640 03' 08" EAST, A DISTANCE OF 16.14 FEET TO A POINT
ON THE ARC OF A NON-TANGENT CURVE, CONCAVE SOUTHWESTERLY,
HAVING A RADIUS OF 20.00 FEET, A RADIAL LINE THROUGH SAID POINT
BEARS NORTH 250 56' 52" EAST;
THENCE NORTHWESTERLY ALONG THE ARC OF SAID CURVE AND
ALONG THE SOUTHERLY LINE OF SAID LOT "I", THROUGH A CENTRAL
ANGLE OF 250 30' 31" AN ARC DISTANCE OF 8.90 FEET;
THENCE CONTINUING ALONG SAID SOUTHERLY LINE NORTH 890 33' 39"
WEST, A DISTANCE OF 75.51 FEET TO THE BEGINNING OF A TANGENT
CURVE, CONCAVE SOUTHEASTERLY, HAVING A RADIUS OF 20.00 FEET,
SAID POINT BEING THE MOST NORTHEASTERLY CORNER OF SAID LOT
„C,,,
THENCE SOUTHEASTERLY ALONG SAID CURVE AND ALONG THE
EASTERLY LINE OF SAID LOT "C" THROUGH A CENTRAL ANGLE OF 1280
54' 40" AN ARC DISTANCE OF 45.00 FEET TO A POINT, A RADIAL LINE
PASSING THROUGH SAID POINT BEARS NORTH 510 31' 41" EAST;
THENCE NON-TANGENT TO LAST MENTIONED CURVE NORTH 380 28' 19"
WEST, A DISTANCE OF 27.53 FEET;
1
EXHIBIT "A"
LEGAL DESCRIPTION
RIGHT OF WAY VACATION
THENCE NORTH 250 59' 01" EAST, A DISTANCE OF 17.89 FEET TO A POINT
LYING 25.00 FEET SOUTHERLY OF THE CENTERLINE OF SAID CABRILLO
ROAD, MEASURED AT RIGHT ANGLES;
THENCE PARALLEL WITH SAID CENTERLINE SOUTH 890 33' 39" EAST, A
DISTANCE OF 94.71 FEET TO THE TRUE POINT OF BEGINNING.
COMPRISING 814 SQUARE FEET, MORE OR LESS.
Sip LAND SU
CHARLES R.HARRIS
REG.EXP./Z 3/or— *
<jlQ�
NO.4989
�TglF OF C A\\EO����
2
EXHIBIT "B"
BASIS OF BEARINGS IS THE CENTERLINE
R/W VACATION OF JUNIPERO AVENUE TAKEN AS
N 38' 24' 00" W PER MB 19/22.
CABRILLO ROAD P.O.C.
n_ N 89.33'39"_W 3112,22' — 55.54' f C/L INT-X
�'_38.59'
� - LOT •I• I �
N MB 19/22
T.P.O.B. \
\ _ S 89'33'39" E 94.71'
N 89'33 39 W 75.51
`J
� o`V `°� N 25'56'521�E
(R) tp 4,�
=-N 51.31'41" E LOT 18 o 0 1" = 30'
vG ti� (R) MB 19/22
2 � \
o,
o �s
9
9GF o\ LOT 15 \ \
lie MB 19/22
CURVE DATA N 89'34'14" W 384.95'
- /� \
NUMBER DELTA RADIUS ARC LENGTH TANGENT
C1 2530'31" 20.00 8.90 4.53 RACQUET CLUB
C2 128-54'40" 20.00 45.00 41.85
LINE DATA
'o@ pAlMs� CITY OF PALM SPRINGS VACATION OF
NUMBER DIRECTION DISTANCE y PUBLIC WORKS & RIGHT-OF-WAY
Lt S 00'26'21" W 25.00 ENGINEERING DEPARTMENT
L2 S 64'0306 E 16.14' �4��ro�'�P
L3 N 38'28'19" W 27.53' LEGAL DESCRIPTION: DESIGN BY: SCALE: FILE NO.:
L4 N 2559'01" E 17.89' CRH
PORTION OF LOTS "C" AND "I", PER
M.B. 19/22, O.R., BEING A PORTION CHECKED BY: W.O. # SHEET NO.:
OF SECTION 3, TAS., RAE., S.S.M. CRH 1695 3 OF 3
SITE
�o
10
SAN RAFAEL ROAD
� l o
FRANCIS DRIVE
9� > zz
CABRILLO ROAD ¢ VICTORIA
W 0 PARK RACQUET CLUB ROAD
�z
zQ
D 0 !n
cn z_ 00'
111 J
J
m
C) VISTA CHINO ROAD
0
z
W
DESERT HOSPITAL
TACHEVAH ROAD
8Aq
of PALy 3,0
CITY OF PALM SPRINGS
y PUBLIC WORKS & ENGINEERING VICINITY MAP
DEPARTMENT
A® , of Pale Springs
A
n Department of Public Works and Engineering
°oRpogp7Eo,^� * 3200 E.Tahqutrz Canyon Way - Palm Springs, California 92262
Tel: (760)323-8253 ° Pax: (760)322-8360 - Web www.ci.palm-sprmgs.ca us
'Dots'
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-03-055), for the vacation of
those portions of Lot "C" and Lot "I" as shown on the Map of Palm Springs Village Estates
No. 2, Map Book 19, Page 22, as described In Exhibit "A" and shown in Exhibit "B"
(attached), was posted in three (3) locations (as indicated on Exhibit "B"), on September
fl 2004. A copy of said notice is attached hereto.
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
RESOLUTION NO. �
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 CABRILLO ROAD IN
SECTION 3, TOWNSHIP 4 SOUTH, RANGE 4 EAST;
FILE R-03-055
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 September 15, 2004, for City Council consideration of vacating and
closing to public use a portion of the right-of-way dedicated for the public street named
Cabrillo Road; 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 subject portion of the
public street named Cabrillo Road, 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 subject portion of right-of-way
dedicated for the public street named Cabrillo Road, 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 subject portion of the
public street named Cabrillo Road is unnecessary for present or
prospective public use.
Section 2. That the City Council does hereby vacate and abandon all the City's right,
title and interest in the subject portion of right-of-way dedicated for the
public street named Cabrillo Road, as the vacated area is described and
shown on Exhibits "A" and "B", attached hereto and made a part hereof.
Section 3. That 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.
19 doo-,",
RESOLUTION NO.
ADOPTED this 151h day of September, 2004.
AYES:
NOES:
ABSENT:
ATTEST: CITY OF PALM SPRINGS, CALIFORNIA
By:
City Clerk City Manager
REVIEWED AND APPROVED AS TO FORM:
City Attorney