HomeMy WebLinkAbout11/7/2007 - STAFF REPORTS - 2.N. �OF p A I.M SAS
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cQ`'FOR10 CITY COUNCIL STAFF REPORT
NOVEMBER 7, 2007 CONSENT CALENDAR
Subject: SUMMARY VACATION OF A PORTION OF VIA MIRALESTE IN
SECTION 11, TOWNSHIP 4 SOUTH, RANGE 4 EAST; FILE R-07-003
From: David H. Ready, City Manager
Initiated by: Public Works and Engineering Department
SUMMARY
The Streets & Highways Code of the State of California allows the City to consider
summarily vacating streets by following a streamlined process under certain conditions.
In this case, the City Council may summarily vacate an excess right-of-way of a street
not required for street purposes; the excess right-of-way may be summarily vacated
through the adoption of a Resolution, without a Public Hearing,
RECOMMENDATION:
1) Adopt Resolution No. "A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF PALM SPRINGS, CALIFORNIA, SUMMARILY VACATING AND
ABANDONING ALL ITS RIGHT, TITLE AND INTERESTS TO A PORTION OF
VIA MIRALESTE, IN SECTION 11, TOWNSHIP 4 SOUTH, RANGE 4 EAST;
FILE R-07-003."
STAFF ANALYSIS:
On February 27, 2007 staff received a request from Mr. Frank De Lelys to vacate
excess public right-of-way for Via Miraleste adjacent to his property located at 580 E.
The Palms Street. The right-of-way is identified as Lot "B" and a portion of Lot "A" of
Parcel Map 7254, Map Book 30, Page 65, recorded December 28, 1976, and is a
portion of Via Miraleste between E. The Palms Street and E. Miraleste Court.
This portion of Via Miraleste was previously designated as a Secondary Thoroughfare
on the Circulation Element of the General Plan, requiring 88 feet of right-of-way.
Subsequently, the 1993 General Plan amended the Circulation Element and the
designation of Via Miraleste was revised from a Secondary Thoroughfare to a Collector,
requiring only 60 feet of right-of-way. The portion of Via Miraleste adjacent to then w'
Item No. L . 1 V .
City Council Staff Report
November 7 2007— Page 2
Vacation R/W- N. Via Miraleste
northern half of the applicant's property currently has a total of 74 feet of right-of-way;
the portion of Via Miraleste adjacent to the southern half of the applicant's property
currently has a total of 64 feet of right-of-way.
The applicant's request is that the City vacates excess right-of-way (varying from 4 feet
to 14 feet adjacent to the applicant's property), leaving the required 60 feet of right-of-
way required for Via Miraleste. On July 25, 2007, the City of Palm Springs Planning
Commission approved Case No. 10.460, and determined that the proposed right-of-way
vacation was consistent with the Circulation Element of the Palm Springs General Plan.
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 streets. In accordance with Section 8334 (a) of the
Code, the legislative body of a local agency may summarily vacate an excess right-of-
way of a street not required for street purposes. The City need only adopt a Resolution
citing specific facts that allows for the summary vacation of the excess street right-of-
way; a Public Hearing is not required.
The item was previously considered by the City Council at its September 19, 2007,
meeting. At that time, a concern was raised regarding the existing tennis court located
on the property, and a lack of maintained landscaping surrounding it. It was thought that
the tennis court was authorized through a Conditional Use Permit, which required
approval of a landscaping plan for the street frontages surrounding it. Direction received
was to obtain a landscaping plan from the property owner, or to have the property
owner demonstrate that a development plan was proposed to eliminate the tennis court.
Although staff researched the existing entitlements for the tennis court, a Conditional
Use Permit for its construction was not on record. Staff did find City Council approval
for a variance allowing a reduced right-of-way dedication on Via Miraleste as part of a
prior subdivision of the property, and part of the record of the variance request
documented public comment related to the planned tennis court. Evidence of the
allowance for the tennis court was found by record of a building permit issued for its
construction.
The property owner has subsequently submitted an application for a Tentative Parcel
Map with the City, proposing to subdivide the existing merged parcel into two separate
parcels, for future development and elimination of the tennis court. Staff recommends
that the City Council Adopt the attached Resolution, which will summarily vacate the
excess right-of-way for Via Miraleste dedicated to the City.
FISCAL IMPACT:
None.
2
City Council Staff Report
November 7 2007 -- Page 3
Vacation RAN- N. Via Miraleste
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F r J
David J. Barakian Thomas J. YVIlson
Director of Public Works/City Engineer Assistant CYty Manager
David H. Ready, Cher
ATTACHMENTS:
1. Vicinity Map
2. Resolution
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ATTACHMENT
VICINITY MAP
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EXHIBIT "A"
PROPOSED RIGHT-OF-WAY VACATION
LEGAL DESCRIPTION
LOT B AND A PORTION OF LOT A OF PARCEL MAP NO. 7254, AS RECORDED IN PARCEL MAP BOOK 30. PAGE 65,
OFMAPS, RECORDS OF RIVERSIDE COUNTY, STATE OF CALIFORNIA AND ALSO DESCRIBED AS A PORTION OF THE
SOUTHEAST QUARTER OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 11,
TOWNSHIP 4 SOUTH, RANGE 4 EAST, SAN BERNARDINO BASE AND MERIDIAN, IN THE CITY OF PALM SPRINGS,
COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHWEST CORNER OF PARCEL 1 OF PARCEL MAP NO. 7254, AS RECORDED IN PARCEL
MAP BOOK 30, PAGE 65, OF MAPS, RECORDS OF RIVERSIDE COUNTY.
THENCE NORTH 89'58'00' EAST, A DISTANCE OF 76.01 FEET TO THE BEGINNING OF A TANGENT CURVE, CONCAVE
NORTHWEST, HAVING A RADIUS OF 20.00 FEET, AND A RADIAL BEARING OF NORTH 00'02'00" WEST, THE
BEGINNING OF SAID TANGENT CURVE IS ALSO THE TRUE PONT OF BEGINNING
THENCE NORTHEASTERLY ALONG SAID CURVE, AN ARC LENGTH OF 31.40 FEET WHICH SUBTENDS A CENTRAL ANGLE
OF 8958'00";
THENCE NORTH 00'00'00' EAST, A DISTANCE OF 95.01 FEET TO THE MOST EASTERLY CORNER OF SAID PARCEL 1,
OF PARCEL MAP NO. 7254;
THENCE SOUTH 89'58'00" WEST, A DISTANCE OF 10.00 FEET;
THENCE NORTH 00'00'00" EAST, A DISTANCE OF 150.38 FEET TO THE BEGINNING OF A TANGENT CURVE, CONCAVE
SOUTHWEST, HAVING A RADIUS OF 20.00 FEET, AND A RADIAL BEARING OF NORTH 90'00'00" WEST;
THFINCE NORTHWESTERLY ALONG SAID CURVE, AN ARC LENGTH OF 31.44 FEET WHICH SUBTENDS A CENTRAL ANGLE
OF 90'05'00";
THENCE NORTH 89'55'00" EAST, A DISTANCE OF 14.00 FEET TO THE BEGINNING OF A TANGENT CURVE, CONCAVE
SOUTHWEST, HAVING A RADIUS OF 20.00 FEET, AND A RADIAL BEARING OF NORTH 00-05-00" WEST;
THENCE SOUTHEASTERLY ALONG SAID CURVE, AN ARC LENGTH OF 31.44 FEET WHICH SUBTENDS A CENTRAL ANGLE
OF 90.05'00";
THENCE SOUTH 00'00'00' WEST, A DISTANCE OF 245.40 FEET TO THE BEGINNING OF A TANGENT CURVE, CONCAVE
NORTHWEST, HAVING A RADIUS OF 20.00 FEET, AND A RADIAL BEARING OF NORTH 90'00'00" WEST;
THENCE SOUTHWESTERLY ALONG SAID CURVE, AN ARC LENGTH OF 31.40 FEET WHICH SUBTENDS A CENTRAL ANGLE
OF 89'58'00'
THENCE SOUTH 89'58'00" WEST, A DISTANCE OF 4.00 FEET TO THE TRUE POINT QE-BEQNNINIG.
THE AREA OF STREET VACATION IS 2,845.89 SQUARE FEET (0.07 ACRES)_
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EXHIBIT "B"
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PARCEL I
50 loci 150 P.M. NO. 7254 (44)
P.M.B. 30165
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RIGHT—OF—WAY�
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EXPIRES 3-31-07 k (49.99)
9158'E M 01' S89*58'W
C/v 4.00' VACA710" AREA-
OF CA0 EAST THE PALMS Z845-89 SO. FT.
0.07 ACRES
pALM
CITY OF PALM SPRINGS APPROVED-
PUBLIC WORKS AND 7987
ENGINEERING DEPARTMENT ASST. DIRECTOR OF PUBLIC WORKS/ P-L-S-
ASST. CITY ENGINEER
VACATION OF RIGHT-OF-WAY DESIGN BY: SCALE: —FILE NO.:
LEGALDESCRIPTION: V, = 50 R 49- -003
SEE EXHIBIT "A" CHECKED BY. DWG. NO.. SHEET NO.:
073619RW 2 OF 27
ATTACHMENT
RESOLUTION
8
RESOLUTION NO,
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
PALM SPRINGS, CALIFORNIA, SUMMARILY VACATING
AND ABANDONING ALL ITS RIGHT, TITLE AND
INTERESTS TO A PORTION OF VIA MIRALESTE, IN
SECTION 11, TOWNSHIP 4 SOUTH, RANGE 4 EAST; FILE
R-07-003
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 Cade of the State of California
(the "statute"), to vacate and close to public use streets dedicated for public use, or
parts thereof, within the limits of the City; and
WHEREAS, pursuant to Section 8334 (a) of the statute, the legislative body of a local
agency may summarily vacate excess right-of-way of a street or highway not required
for street or highway purposes; and
WHEREAS, a dedication of right-of-way for Via Miraleste was made to the City of Palm
Springs identified by Lot "A" and "B" of Parcel Map No. 7254, recorded in Book 30 of
Parcel Maps at Page 65; and
WHEREAS, a portion of Lot "A" and all of Lot "B" of Parcel Map No. 7254, recorded in
Book 30 of Parcel Maps at Page 65, represents excess public right-of-way not required
for street or highway purposes.
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 excess right-of-way
dedicated for Via Miraleste, being generally described as a portion of Lot "A" and all of
Lot "B" of Parcel Map No. 7254, recorded in Book 30 of Parcel Maps at Page 65 records
of Riverside County, California, and more particularly described on Exhibit "A" and
shown on Exhibit "B", attached hereto and made a part hereof.
Section 3. This Resolution to summarily vacate excess right-of-way dedicated for Via
Miraleste, being generally described as a portion of Lot "A" and all of Lot "B" of Parcel
Map No. 7254, recorded in Book 30 of Parcel Maps at Page 65 records of Riverside
County, California, is made in accordance with Section 8334 (a) of the California Streets
and Highways Code-
9
Resolution No.
Page 2
Section 4. Fallowing the recordation of this Resolution, the excess right-of-way
dedicated for Via Miraleste, being generally described as a portion of Lot "A" and all of
Lot "B" of Parcel Map No. 7254, recorded in Book 30 of Parcel Maps at Page 65 records
of Riverside County, California, and more particularly described on Exhibit "A" and
shown on Exhibit "B", attached hereto and made a part hereof, no longer constitutes a
portion of the public street known as Via Miraleste.
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 7th day of November, 2007.
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 November 7, 2007, by the
following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
0
James Thompson, City Clerk
City of Palm Springs, California
10