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HomeMy WebLinkAbout5/19/2004 - STAFF REPORTS (18) DATE: May 19, 2004 TO: City Council FROM: Director of Public Works/City Engineer EL ALAMEDA 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 El Alameda in Section 11, Township 4 South, Range 4 East; File R-03-052. 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: In the past, staff received comments from the neighborhood east of Indian Canyon Drive and north of Alejo Road regarding traffic circulation and related issues. In order to respond to the neighborhood's concerns, the City held two community meetings regarding circulation, land use, criminal activity and overall neighborhood issues in that area. The significant concern related to general traffic circulation from Indian Canyon Drive through the neighborhood,with destinations beyond the neighborhood. "Cut-through"or bypassing traffic was reducing the neighborhood's quality of life, and staff investigates ways to reduce the volume of non-local traffic using local streets within this neighborhood area. The first step this Department implemented was in shifting the one-way to two-way traffic circulation change on Indian Canyon Drive from Granvia Valmonte to Alejo Road. This change significantly reduced the volume of non-local traffic in the neighborhood by making east-bound traffic use Alejo Road, a major thoroughfare, rather than Granvia Valmonte, which is considered a local street. It appears that this traffic circulation change has been met with great success. To further the goal of reducing traffic circulation within this neighborhood area, staff investigated which streets off of Indian Canyon Drive could be closed to through traffic. The best candidate street appeared to be El Alameda, between Indian Canyon Drive and Avenida Olivos. Prior to initiating a formal vacation of this street, the Engineering Department attempted to determine how closing this street would affect local traffic,as well as affect emergency response by the Police and Fire Departments. In order to determine this, late last year the Department installed concrete bollards across El Alameda at mid- block, preventing vehicles from passing through to Avenida Olivos, but allow continued access and parking to the existing commercial and hotel properties located along Indian Canyon Drive at El Alameda. After nearly 6 months of temporary closure, it appears the closure has been met with success, and the adjacent neighborhood petitioned that the City formally close and vacate the easterly half of El Alameda between Indian Canyon Drive and Avenida Olivos. /tRA El Alameda Right-of-Way Vacation May 19, 2004 Page 2 On April 14, 2004, the Planning Commission approved Case No. 10.447, determining that the proposed right-of-way vacation of the east half of El Alameda between Indian Canyon Drive and Avenida Olivos 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 May 19, 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. There are existing public utilities within the portion of El Alameda proposed for vacation, including water, television/cable, and telephone lines. Engineering Department staff have coordinated with Desert Water Agency staff to determine in what way the vacated portion of El Alameda can be improved and continue to allow for operation and maintenance of the water main by DWA. An understanding and agreement as to the condition in which El Alameda can be converted into private use by the adjacent property owners has been reached. A public utility easement is also being reserved as part of the right-of-way vacation to allow the operation and maintenance of these public utilities to continue after the right-of-way is vacated by the City. 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 El Alameda. As a condition of the vacation, the adjacent property owners are being required to privately fund the costs to remove the existing street improvements and construct new private improvements, such as block walls, DWA access gates, landscaping, and other improvements necessary to close of El Alameda. Upon completion of the required removals and construction, the City Engineer will direct the City Clerk to record the Resolution of Vacation, formally vacating El Alameda as intended. 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" In (0/ IL w J J Q m Q C) RA QUET CLUB ROAD Q 1 VIA ESCUE A Q > VISTA CHINO ROAD o J CHUCKWALA D. J w o ch Lr- o O CHIA RE . z >- 0 Z DESERT Q HOSPITAL p a 0 TACHEVAH ROAD Of U Z 0 a W 1-- RUTH EL ALAMEDA OR 0::Q z W HARDY PARK VERBENA DR. W w — a TAMARISK RD. c> Of :2 0 Q Q 3: ALEJO OAD 0 cn 000 wcn 000 Of z SITE A CONVENTION MADO ROAD CENTER �� PALM SAP CITY OF PALM SPRINGS PUBLIC WORKS & ENGINEERING VICINITY MAP DEPARTMENT EXHIBIT "A" VACATION OF RIGHT-OF-WAY LEGAL DESCRIPTION: BEING A PORTION OF LOT A OF THE MAP OF LAS HACENDITAS,AS SHOWN BY MAP ON FILE IN BOOK 11, PAGE 5 OF MAPS, RECORDS OF RIVERSIDE COUNTY, CALIFORNIA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEING THE EASTERLY 137.50 FEET OF LOT A. COMPRISING 6,875 SQUARE FEET, MORE OR LESS. QFtOFESSIO�< * No, C-28931 Exp.03-31-2007 Sx CIVIC- �a�P F OF' VFO DATEtt RLE NO.: R-03-052 SHEET NO.: 1 OF 22 EXHIBIT "B" j137.50' o o W 6 507-151-015 ui > LOT 1 of O z�i 13750' O O�' EL ALEMEDA rvo •t�b © w � ' '�� zo�---i----------- I n 1 O Q Qo LOT I Q o o zz 137.50' W Q I j Q 0 507-161-002 0 z � LOT 4 ri 137.50' ESS16u. * No. C-28931 Exp.03-31-2007 `rT CIVIC- �P ATF OF CAu DATE °f PALMSOP CITY OF PALM SPRINGS PUBLIC WORKS & ENGINEERING VACATION y DEPARTMENT RIGHT-OF-WAY LEGAL DESCRIPTION: DESIGN BY: SCALE: RLE No.: JRM 1" = 40' R-03-052 PORTION OF LOT A, OF THE MAP OF LAS HACENDITAS, MB 11/5. CHECKED BY: DATE SHEET NO.: DJB 3/9/04 1 OF 1 F ?ALM s City ®f Palm Springs Department of Public Works and Engineering OQp�RplEO * 3200 E.Taliquitz Canyon Way ° Palm Springs,California 92262 cgj)FORN\P Tel: (760) 323-8253 • Fax: (760)322-8360 ^ Web:wwwa.palm-springs cams 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-03-052), for the vacation of those portions of The Map of Las Hacenditas, Map Book 11, Page 5, as described in Exhibit "A" and shown in Exhibit `B" (attached), was posted in Three (3) locations (as indicated on Exhibit `B"), on May 5, 2004. A copy of said notice is attached hereto. CW_ DAVID J. BARAKIAN Director of Public Works/City Engineer Department of Public Works & Engineering City of Palm Springs California Post Office Box 2743 • Palm Springs, California 92263-2743 NOTICE OF CITY COUNCIL MEETING NOTICE OF PUBLIC HEARING CITY OF PALM SPRINGS File No. R-03-052 A Portion of El Alameda 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 May 19, 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 Camino Monte adjacent to the property located as 879 and 903 N. Avenida Olivos, more particularly described as shown on Exhibits "A" and "B", attached hereto and made a part hereof, all in Section 11, Township 4, Range 4 East; City File R-03-052; 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 Publish: The Desert Sun EXHIBIT "A" VACATION OF RIGHT-OF-WAY LEGAL DESCRIPTION: BEING A PORTION OF LOT A OF THE MAP OF LAS HACENDITAS,AS SHOWN BY MAP ON FILE IN BOOK 11, PAGE 5 OF MAPS, RECORDS OF RIVERSIDE COUNTY, CALIFORNIA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEING THE EASTERLY 137.50 FEET OF LOT A. COMPRISING 6,875 SQUARE FEET, MORE OR LESS. QEtoFESS F` C-2B931 Exp.03-31-2007 `ST CIVIC- �Q qTF OF DATEi O ME NO.: R-03-052 SHEET NO.: 1 OF 2 EXHIBIT "B" 137.50' o o W I L6 507-151-015 L6 > LOT 1 cy U) o o > , ..50 � __j 0111 I �� O _EL ALAMED_A N z o LOT o d c)z1 • � 137.50' �zz W z > <C Q d I o 507-161-002 0 LOT 4 LO 137.50' pELK>FESSIon,, a. B,q,? �yc+ yo �iy No. C-28931 Exp.03-31-2007 S�'9l CIVIL �P eOF DATE, pALy CITY OF PALM SPRINGS VACATION N PUBLIC WORKS & ENGINEERING RIGHT-OF-WAY *�(1 DEPARTMENT LEGAL DESCRIPTION: DESIGN BY: SCALE: MLE No.: JRM 1" = 40' R-03-052 PORTION OF LOT A, OF THE MAP OF LAS HACENDITAS, MB 11/5. CHECKED BY: DATE SHEET NO,: DJB 3/9/04 1 OF 1 PROOF OF PUBLICATION This is space for County Clerk's Filing Stamp (2015.5.C.C.P) No 8120 STATE OF CALIFORNIA NOTICE OR Coav COUNCIL MEETING County of Riverside -- NeTiCE OF PUBLIC HEAl CITY OF RALM SPRIT File No. F­03-rl portion of EI fManuoda NOTICE IS HEREBY GIVEN that the City Council of the Clty of Palm Springs, Caldomia, will hold a Fuel Fleas mg to consider the proposed right-oP- I am a CItIZep Of the United States and a resident Of way vacation at its meeting of May 19, 2004.The the Count' aforesaid;I am over the age of eighteen city Council meeting begins at 7:00 P.M. In the Y g g iy Council Chamber of City Hall, located at years,and not a party to or Interested In the 3200 r Tahquitz Canyon Way, Palm Spungs, California. above-entitled matter.I am the principal Clerk of a The purpose of the Public Hearing is to consider printer of the,DESERT SUN PUBLISHING vacating a portion of an existing public right-cf- COMPANY a newspaper a er of general circulation, way for Camino Monte adjacent to the property g located as 879 and 903 N. Avenida Olives, more printed and published in the city of Palm Springs, particularly described as shown on [Edi buts "A" and "B", attached hereto and made a part hereof, County of Riverside,and which newspaper has been all in Section 11,Township a, Range a East, City File R-03-052, an application me e through the adjudged a newspaper of general circulation by the City of Palm Sphngs. Superior Court of the County of Riverside,State of If any Individual or group challenges the peposed California under the date of March 24, 1988.Case ngnt-of-way vacation action in coui t, issues raised may be limited to only those issues raised Number 191236;that the notice,of which the as the Publlc Hearing described In,the notice or in written eca respontlence submitted at, or prior annexed is a printed copy(set in type not smaller to the City Council Henning than non pariel,has been published in each regular An equal opportunity will be given for all interest- and entire issue of said newspaper and not in an ad persons requesting to be heard at the Public P•P Y Hearing. Questions regardmg this preposed right- supplement thereof on the following dates,to wit: of-way vacation may be directed to Monona Full- er, Senlor Civil Engineer, Department of Public Works and Engineering, (760) 323-8253, ext. May 401i 8744. PATRICIA A. SANDERS -_City Cleric All in the year 2004 RIGHT OF WAY I certify(or declare)under penalty of perjury that the LEGAL. DIESCRIPTION: foregoing is true and correct. BEING A PORTION OF LOT A OF THE MAP OF g g LAS HACENDITAS,AS SHOWN BY MAP ON FILE IN BOOK 11, PAGE 5 OF MAPS, RECORDS OF Dated at Palm Springs,California this-----22n"----day RIVERSIDE L DESCRIBi EDAASOFOLI OWS: PAR- BEING OF THE EASTERLY 137.50 FEET OF LOT of__________ ___________________________2004 A - - LESSCOMPRISING 6,875 SQUARE FEET, MORE OR u/n�e-- Signature j . I ;I 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 EL ALAMEDA IN SECTION 11, TOWNSHIP 4 SOUTH, RANGE 4 EAST; FILE R-03-052 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 May 19, 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 El Alameda; 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 El Alameda, 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 El Alameda, 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 El Alameda is unnecessary for present or prospective public use. Section 2. That, subject to Sections 3 and 4, 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 El Alameda, 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 of Palm Springs reserves and excepts from the foregoing vacation a public utility easement to operate and maintain sewers, drains, pipelines, cables, wires or any other facility of any governmental agency or utility corporation existing in, under, or over the vacated area, unless quitclaimed or released by the owner thereof. /6C RESOLUTION NO. Section 4. That the owners of the properties adjacent to the subject portion of right-of- way dedicated for the public street named El Alameda, as the vacated area is described and shown on Exhibits"A"and"B", said properties identified as 879 N. Avenida Olivos (Lot 4 of Block 2 of Las Hacenditas, Assessor's Parcel No. 507-161-002)and 903 N.Avenida Olivos (Lot 1 of Block 3 of Las Hacenditas, Assessor's Parcel No. 507-151-015), shall be required to remove all existing street improvements and construct all required improvements within the vacated area, including block walls, access gates, and landscaping, subject to the approval of the City Engineer, the Director of Planning and Zoning, and the Building and Safety Manager. The owners of said properties shall be responsible for all costs associated therewith. Section 5. That, in the event the obligations set forth in Section 4 above are not fulfilled to the satisfaction of the City Engineer within two years of the date of the adoption of this Resolution, the action taken by the adoption of this Resolution vacating and abandoning all the City's right, title and interest in the subject portion of right-of-way dedicated for the public street named El Alameda, as the vacated area is described and shown on Exhibits "A" and "B", shall be deemed null and void, and the action automatically rescinded. Section 6. That, upon notification from the City Engineer that the obligation set forth in Section 4 above has been satisfied, 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. ADOPTED this 191" day of May, 2004. AYES: NOES: ABSENT: ATTEST: CITY OF PALM SPRINGS, CALIFORNIA By: City Clerk City Manager REVIEWED AND ADOPTED AS TO FORM: