HomeMy WebLinkAbout12/17/2003 - STAFF REPORTS (16) DATE: December 17, 2003
TO: City Council
FROM: Director of Public Works/City Engineer
NORTH SUNRISE WAY 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 North Sunrise Way in Section 36, Township 3 South, Range 4 East; File R-
03-042.
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:
Previously, the City Council adopted a Resolution vacating the southerly half of the subject
portion of North Sunrise Way, a segment of road which is unimproved and meanders away
from the straight alignment of Sunrise Way and ends at the hard-lined levee of the
Whitewater River. The City Council's adoption of Resolution No. 18764, on January 3,
1996, was contingent upon several actions occurring related to the proposed Burnett
Companies development of the adjacent property, then known as "Desert Spirit".
Subsequently, the Burnett Companies submitted Tentative Tract Map 30054 for the
property located north of San Rafael Drive and east of Sunrise Way, the same property for
which they had proposed the previous "Desert Spirit" development. Tentative Tract Map
30054 was approved, subject to conditions, by the City Council on January 15, 2003.
Associated with those conditions was to complete the right-of-way vacation of North Sunrise
Way to allow for its use as part of the proposed development. However, staff recommended
that the entire full 80-feet wide right-of-way be vacated at this time, rather than only the
southerly half previously proposed for abandonment.
North Sunrise Way is a major thoroughfare designated on the General Plan, however the
subject portion proposed for abandonment is not designated on the General Plan (Sunrise
Way is shown as continuing in a northerly direction ending at the Whitewater River). The
proposed right-of-way vacation was determined to be consistent with the General Plan and
was recommended for approval by the Planning Commission as part of its review of
Tentative Tract Map at its January 8, 2003, meeting, subsequently approved by the City
Council at its January 15, 2003, meeting.
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 December 17, 2003, to hear all persons interested in or
objecting to the right-of-way vacation.
S
North Sunrise Way Right-of-Way Vacation
December 17, 2003
Page 2
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. Existing utilities within the
vacation area will be removed or relocated during construction of the associated
development, now developed by K. Hovnanian as the"Four Seasons at Palm Springs,"and
therefore, there is no need for a public utility easement within the vacation area. 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 North Sunrise Way.
Approval of this item is necessary in order to facilitate development of Tract Map 30054,
approval of which is scheduled as a separate item.
SUBMITTED:
,�W�
DAVID J. BARAKIAN
Director of Public Works/City Engineer
APPROVED:
DAAVI`D H. READY — �o
City Manager {f
ATTACHMENTS:
1. Resolution
2. Vicinity Map
3. Exhibits "A" and "B"
NOTICE OF CITY COUNCIL MEETING
NOTICE OF PUBLIC HEARING
CITY OF PALM SPRINGS
File No. R-03-042
A Portion of North Sunrise Way
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 December 17,
2003. 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 North Sunrise Way as described as shown on Exhibits "A" and "B", as on file in the office
of the City Clerk, and made a part hereof all in Section 36, Township 3, Range 4 East; City File R-
03-042; 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
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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-03-042), for the vacation of those
portions of the public streets named North Sunrise Way as described in Exhibit"A" and shown
in Exhibit`B" (attached), was posted in Three (3) locations (as indicated on Exhibit `B"), on
December 3, 2003. A copy of said notice is attached hereto.
Dated at Palm Springs, California, this 10 h day of December, 2003.
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
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o� PALM 3q CITY OF PALM SPRINGS VACATION OF
PUBLIC WORKS & ENGINEERING RIGHT—OF—WAY
*�,�,F�;,,*� i DEPARTMENT
H&A LEGAL N0. 5789
LEGAL DESCRIPTION: DESIGN BY: SCALE: FILE NO.:
J. GILL 1" = 200' R-03-042
SEE EXHIBIT "A"
CHECKED BY: ma // SHEET NO.:
R. WILLIAMS 1583,-9 2 OF 2
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PROOF OF PUBLICATION This is space for County Clerk's Filing Stamp
(2015.5.C.C.P)
--- STATE OF CALIFORNIA
County of Riverside
-------------------------------------------
1 am a citizen of the United States and a resident of Proof of Publication of
the County aforesaid; I am over the age of eighteen
years,and not a party to or interested in the
above-entitled matter.I am the principal clerk of a No 6491
printer of the,DESERT SUN PUBLISHING NOTICE OF CITY COUNCIL MEETING
COMPANY a newspaper of general circulation, NOTICE OF PUBLIC HEARING
printed and published in the city of Palm Springs, CITY OF PALM SPRINGS
County of Riverside,and which newspaper has been File No. R-03-042A
adjudged a newspaper of general circulation by the Portion of North Sunrise way
Superior Court of the County of Riverside,State Of NOTICE IS HEREBY GIVEN that the City Council
California under kite date of March 24, 1988.Case of the City of Palm Springs, California,will hold a
Public Hearing to consider the prop used right-cf-
Number 191236;that the notice,of which the wayy vacation at its meeting of December 17,
annexed Is a printed c0 set in type not smaller 2003. The City Council meeting begqins at 7:00
P PY( YP P M. in the City Council Chamber of Cd Hall, lo-
than non ariel,has been published in each regular cated at 3200 E Tahqunz Canyon Way, Palm
P p g Springs, California.
and entire issue of said newspaper and not in any
The purpose of the Public Hearing is to consider
supplement thereof on the following dates,to wit: vacating a portion of an existing public righ[-of-
way for North Sunrise Wayy as described as
shown on Exhibits A"-and_'B" as on file in the
office of the Cit Clerk, and made apart hereof
all in Section 36,Township 3, Range 4 East;City,
December 2 i -File_R-03-042t 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 Hearinq described in the notice or
All in the year 2003 'n written correspondence submitted at, or pilot
y to the City Council Hearing.
I certify(or declare)under penalty of perjury that the
An equal opportunityrequesting
will be given r for all interest-
foregoing is true and correct. H persons requesting to be heard at the Public
u Hearing. Questions regarding this proposed nglit-
4 of-way vacation may be directed to Marcus Full-
Dated at Palm Springs,California this--------day er, Senior Civil Engineer, Department of Public
Works and Engineering, (760) 323-8263, ext.
8744.
of----—----Decembet---------- ---------------,2003 PATRICIA A. SANDERS
City Clerk
- Pub. December 2, 2003
�^'
Signature
PROOF OF PUBLICATION This Is space for County Clerk's Fding stamp
(2015.5.C.C.P)
No.6523
NOTICE OF CITY COUNCIL MEETING
NOTICE OF PUBLIC HEARING
CITY OF PALM SPRINGS
STATE OF CALIFORNIA - — - - ' - Fit. No. R-03-042 - - -
County of Riverside
A Portion of North Sunrise Way
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-
wayy vacation at its meeting of December 17,
2003. The City Council meeting begins at 7t00
P.M. in the City Council Chamber of CRyy Hall, lo-
cated at 3200 E. Tahquitz Canyon Way, Palm
I am a citizen of the United Stales and a resident of Springs, Cr iornia
the County aforesaid; I am over the age of eighteen The purpose of the Public Hearing is to consider
vacating a portion of an existing public right-of-
years,and not a party to or interested in the way foi North Sunrise Wayy as descrbed as
shown on Exhibits 'A" and B" we attached and
above-entitled matter.I am the principal cleric of a made a part hereof all in Section 36,Township 3,
tinter of the,DESERT SUN PUBLISHING Range 4 East, City File R-03-42; and application
p made through the City of Palm Springs.
COMPANY a newspaper of general circulation, EXHIBIT "A"
printed and published in the city of Palm Springs, LEGAL DESCRIPTION
County of Riverside,and which newspaper has been VACATION OF A PORTION OF SUNRISE WAY
adjudged a newspaper of general circulation by the Those portions of the right-of-way granted to theCity of Palm Springs, California, a Municipal Cor-
Superior Court of the County of Riverside,State of potation in the City of Palm Springs, County of
Riverside, State of California, per the documents
California under the date of March 24,1988.Case recorded October 10, 1968, and October 21,
1968, as Instrument Nos. 91789 and 101141, re-
Number 191236;that the notice,of which the spectively, of Official Records of said County, ly-
ing easterly of a line parallel with and 40.00 feet
annexed is a printed copy(set in type not smaller easterly, measured at right angles,from the west-
than non ariel,has been ublished in each regular erly line of the southwest quarter of Section 36,
P P g Township 3 South, Range 4 East,San Bernardino
and entire issue of said newspaper and not in any Meridian, and lying westerly and southwesterly of
the southwesterly right-of-way of the Whitewater
supplement thereof on the following dates,to wit: River Channel, as shown on Record of Survey
filed in Book 95, Pages 14 through 18,inclusive,.-,_
records of said County.
As shown on Exhibit "R" attached hereto and by
to m this reference made a park-hereof. -- -
December 10 , 17 -- _ _
------------------------
All in the year 2003 l ✓r,
I certify(or declare)under penalty of perjury that the it - ° -
foregoing is true quit correct. I i'I c! '= s
19n'
Dated at Palm Springs,California this-------day
of--------December-------------------------2003 -
? � �c _
0
Signature - —
If any individual or group challenges the proposed
right-of-wayy vacation action in court, issues
raised may be limited to only those issues raised
as the Public Fiearing described in the notice or
in written correspondence submitted at, or prior
to the City Council Heanog
An equal opportunity will be given for all interest-
ed persons requesting to be heard at the Public
Hearing Questions reggarding this Preposed right-
of-way vacation may be directed to Marcus Full-
er, Senior Civil Engineer, Department of Public
Works and Engineering, (760)323-8253,ext.8744.
PATRICIA A. SANDERS
i I Clark
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 NORTH SUNRISE WAY IN SECTION 36,
TOWNSHIP 3 SOUTH, RANGE 4 EAST; FILE R-03-042
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 December 17, 2003, for City Council consideration of vacating and
closing to public use a portion of the right-of-way dedicated for the public street named
North Sunrise Way; 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 North Sunrise Way, 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 North Sunrise Way, 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 Resolution No. 18764, adopted by the City Council on January 3, 1996,
is hereby rescinded.
Section 2. That the City Council does hereby find that the subject portion of the public
street named North Sunrise Way is unnecessary for present or prospective
public use.
Section 3. 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 North Sunrise Way, as the vacated area is described and
shown on Exhibits "A" and "B", attached hereto and made a part hereof.
RESOLUTION NO.
Section 4. 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.
ADOPTED this 171h day of December, 2003.
AYES:
NOES:
ABSENT:
ATTEST: CITY OF PALM SPRINGS, CALIFORNIA
By:
City Clerk City Manager
REVIEWED AND ADOPTED AS TO FORM:
� � CZ
EXHIBIT "A"
LEGAL DESCRIPTION
VACATION OF A PORTION OF SUNRISE WAY
Those portions of the right—of—way granted to the City of Palm Springs,
California, a Municipal Corporation, in the City of Palm Springs, County of
Riverside, State of California, per the documents recorded October 10, 1968,
and October 21, 1968, as Instrument Nos. 91789 and 101141, respectively, of
Official Records of said County, lying easterly of a line parallel with and 40.00
feet easterly, measured at right angles, from the westerly line of the southwest
quarter of Section 36, Township 3 South, Range 4 East, San Bernardino
Meridian, and lying westerly and southwesterly of the southwesterly
right—of—way of the Whitewater River Channel, as shown on Record of Survey
filed in Book 95, Pages 14 through 18, inclusive, records of said County.
As shown on Exhibit "B" attached hereto and by this reference made a part
hereof.
LAND so
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James R. Gill
Ja s R. Gill, L.S. 5780 Exp 6/30/04
License Expires: June 30, 2004 N0. 5780
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Date: ZZ ' 0 7 �% �Qa FILE NO.:
OF CALF R-03-042
SHEET NO.:
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LEGAL DESCRIPTION: DESIGN BY: SCALE: FILE NO:
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R. WILLIAMS 1583-9 2 OF 2