HomeMy WebLinkAbout7/30/2003 - STAFF REPORTS (8) DATE: July 30, 2003
TO: City Council
FROM: Director of Public Works/City Engineer
PUBLIC UTILITY EASEMENT VACATION
RECOMMENDATION:
It is recommended that the City Council, after considering testimony received at the Public
Hearing, adopt a resolution vacating a public utility easement across the property identified
as 360 Pablo Drive, in Section 15, Township 4 South, Range 4 East; File R-03-018.
SUMMARY:
The Streets & Highways Code of the State of California requires that the City hold a Public
Hearing to discuss and review proposed public utility easement vacations. After
consideration of testimony received at the Public Hearing, the City Council can consider
denial or approval of the requested public utility easement vacation.
BACKGROUND:
The property owner of 360 Pablo Drive submitted a request to City staff for the
abandonment(vacation)of the existing public utility easement across the south 5 feet of the
property. The request was submitted in conjunction with a requested variance for
construction of a new garage which would encroach into the public utility easement.
At the April 9, 2003, Planning Commission meeting, the Planning Commission approved
Case No. 6.468 for the variance to allow construction of the proposed garage structure (3
feet setback allowed), subject to the processing and approval of the public utility easement
vacation.
The property owner previously coordinated with all public utility companies to determine the
existence of utilities within the public utility easement, or the future need of that easement
to know if the requested variance and easement vacation was possible. All utility companies
contacted responded that no utilities exist norare planned in the future within this specific
public utility easement. Subsequently, a formal application for the easement vacation was
submitted to City staff, and staff re-submitted a formal notice to the utility companies of the
proposed easement vacation, and received the same response.
Staff forwarded the requested public utility easement 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 July 30, 2003, to hear all persons interested
in or objecting to the public utility easement vacation.
q44
Public Utility Easement Vacation
July 30,2003
Page 2
Notices of the proposed public utility easement vacation have been posted within the
vacation area, published in the local newspaper, and mailed to all public utility companies.
If the City Council desires to approve the proposed public utility easement vacation,
adoption of the attached Resolution will vacate the subject portion of the public utility
easement located on the property identified as 360 Pablo Drive.
SUBMITTED:
SAX ,
DAVID J. BARAKIAN
Director of Public Works/City Engineer
APPROVED:
DAVID H. READY
City Manager
REVIEWED BY DEPT. OF FINANCE
ATTACHMENTS:
1. Resolution
2. Vicinity Map
3. Exhibits "A" and "B"
NOTICE OF CITY COUNCIL MEETING
NOTICE OF PUBLIC HEARING
CITY OF PALM SPRINGS
Case No. 6.468, File R-03-018
360 Pablo Drive.
NOTICE IS HEREBY GIVEN that the City Council of the City of Palm Springs, California, will
hold public hearing to consider the proposed easement vacation at its meeting of July 30,
2003. The city council begins at 7:00 p.m. In the City Council Chamber of City Hall, 3200 E.
Tahquitz Canyon Way, Palm Springs, Ca.
The purpose of the hearing is to consider vacating a portion of an existing public utility
easement across a portion of a lot which is described and shown on Exhibits "A" and "B",
attached hereto and made part of hereof, all in Section 15, Township 4 South, Range 4 East;
file R-03-018; application City of Palm Springs.
An easement across a portion of Lot 20, Tahquitz Park No. 2, as shown in Map Book 19,
Page 2 of maps, records of Riverside County, California, of Section 15, Township 4 South,
Range 4 East, more particularly described as follows:
The southerly 5.00 feet of said lot.
If any individual or group challenges the 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
at, or prior to the City Council Hearing.
An equal opportunity will be given to at said hearing for all interested persons to be heard.
Questions regarding this proposed easement vacation may be directed to Marcus Fuller,
Senior Civil Engineer, Department of Public Works and Engineering, (760) 323-8253,
extension 8744.
PATRICIA A. SANDERS
City Clerk
Publish: July 3, 2003
July 10, 2003
The Desert Sun
EXHIBIT "A"
VACATION OF
RIGHT-OF-WAY
LEGAL DESCRIPTION:
An easement across a portion of lot 20,Tahquitz Park No.2,as shown in Map Book 19, Page 2 of
maps, records of Riverside County, California,of Section 15,Township 4 South, Range 4 East, more
particularly described as follows:
The Southerly 5.00 feet of said lot.
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Exp.O3-31-2003
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DATE,
FILE NO.:
R-03-018
SHEET NO.:
1 OF 2
EXHIBIT "B"
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VACATION
AREA
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,° SP CITY OF PALM SPRINGS VACATION OF EASEMENT
y PUBLIC WORKS & ENGINEERING PLAT
*cgC�FOfi�P DEPARTMENT
LEGAL DESCRIPTION: DESIGN BY: SCALE: FILE NO.:
JRM 1" = 60' R-03-018
LOT 20, OF TAHQUITZ PARK NO. 2, MB
19/2, SECTION 15, T.4.S, R.4.E. CHECKED BY: DATE SHEET NO.:
DJB 6/27/03 1 OF 1
MEMORANDUM
DATE: ,f/
To: Trisha Sanders, City Clerk
FROM: �A.1''i!'•e�,c.°.`i?�5,+'
SUBJECT:
Trisha:
Please administratively set a Public Hearing for July 30, 2003, for the proposed public
easement vacation. Attached is a copy of the draft staff report; it has been submitted to your
departmentfor processing. Also attached is the Public Notice regarding the proposed public.
easement vacation. Please publish the required notice twice with the first publication at
least 15 days prior to the Public Hearing, and return the necessary paperwork to this
Department for the posting of notices when you have determined that this action can be
scheduled forthe requested meeting(i.e.when you administratively set the Public Hearing).
If you have any questions, please call me.
DATE: July 30, 2003
TO: , City Council
FROM: City Engineer
VACATION OF A PORTION OF A PUBLIC UTILITY EASEMENT.
RECOMMENDATION:
It is recommended that the City Council,after considering testimony received at the Public Hearing;
adopt a resolution vacating a portion of a 5' foot public utility easement adjacent to lot 20 of
Tahquitz Park No.2,Map Book 19/2 in Section 15,Township 4 South,Range 4 East;File R-03-018.
SUMMARY:
The Streets and 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 owner of the subject property has initiated this easement vacation, to allow the addition of a
carport and garage within three feet of an interior side property line to an existing single-family
residence approved by the Planning Commission as part of a variance to the side yard setback,Case
No. 6.468, at its April 9, 2003,meeting.
Letters and right-of-way response sheets were sent to all appurtenant utility companies and City
facilities and given the opportunity to respond to the proposed easement vacation. All utility
responses have been received and no objections have been received to the proposed vacation.
Staff forwarded the requested easement vacation information to the City Clerk, and pursuant to
Section 8320 of the Streets and Highways Code,the City Clerk administratively scheduled a public
hearing for July 30,2003,to hear all persons interested in or objecting to the right-of-way vacation.
Notices of the proposed 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.If the City Council desires to approve the proposed vacation,adoption
of the attached Resolution will vacate and close for public utility use.
Vacation of a portion of a public utility easement
6/27/2003
Page 2
SUBMITTED:
DAVID J. BARAKIAN
Director of Public Works/City Engineer
APPROVED:
David H. Ready
City Manager
ATTACHMENTS:
1. Resolution
2. Description Exhibit"A"
3. Map Exhibit "B"
RESOLUTION NO.
OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS,
CALIFORNIA, VACATING AND ABONDONING ALL OF ITS
RIGHT,TITLE AND INTEREST IN A PORTION OF THE RIGHT-
OF-WAY DEDICATED FOR PUBLIC UTILITY PURPOSES
ACROSS A PORTION OF LOT 20, OF TAHQUITZ PARK NO. 2,
MAP BOOK 19,PAGE 2IN SECTION 15,TOWNSHIP 4 SOUTH,
RANGE 4 EAST, FILE R-03-018.
WHEREAS, the City Council of the"City of Palm Springs, California, is authorized by the Public
Streets Highways and Service Easements Vacation law, Part 3, Division 9 of the Streets and
Highways Code of the State of California,to vacate and close to public use streets,or parts of streets,
within the limits of the said City; and
WHEREAS,the City council intends to vacate and close to public use a portion of the right-of-way
dedicated for public utility purposes lying across a portion of lot 20 in said tract of said Section 15,
within the City of Palm Springs, County of Riverside, State of California.
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 public
utility easement is unnecessary for present or prospective public utility 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 public
utility purposes across a portion of Lot 20,of Tahquitz Park No. 2,MB 19/2,
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 be,and hereby is,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 Comity.
RESOLUTION NO.
ADOPTED this day of 2003
AYES:
NOES:
ABSENT:
ATTEST: CITY OF PALM SPRINGS, CALIFORNIA
By:
City Clerk City Manager
REVIEWED AND ADOPTED AS TO FORM:
07/01/2003 09:09 FAX 760 322 8332 Palm Springs City Clerk C1001
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City of Palm Springs
" Office of rbe City Clerk
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C-14 1 F0 VV" TEL-(760)323.0204 •TDD:(160)$64.9527
OUR VAX NO, (760) 322-8332
DATE•
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City of Palm Springs
Department of PublicWorks
Engineering Division
<, goOggiED P 3200 Tahquitz Canyon Way • Palm Springs, California 92262
q�I FB RNA TEL: (760)323-8253 • PAX(760) 322-8360 • TDD(760)864-9527
AFFIDAVIT OF POSTING NOTICES
I, the undersigned, the City Engineer for the City of Palm Springs, California, do hereby certify
that a copy of Case No. 6.468, File R-03-018 indicating the vacation of those portions of the
public Right of Way located at 360 Pablo Drive as described in Exhibit "A" and shown
in Exhibit "B" (attached), was posted in Three (3) locations (as indicated on Exhibit `B"), on
July 15, 2003. A copy of said notice is attached hereto.
Dated at Palm Springs, California, this 15" day of July, 2003.
DAVID J. BARAKIAN
Director of Public Works &Engineering/City Engineer
Department of Public Works and 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
Case No. 6.468, File R-03-018
360 Pablo Drive.
NOTICE IS HEREBY GIVEN that the City Council of the City of Palm Springs, California, will
hold public hearing to consider the proposed easement vacation at its meeting of July 30,
2003. The city council begins at 7:00 p.m. In the City Council Chamber of City Hall, 3200 E.
Tahquitz Canyon Way, Palm Springs, Ca.
The purpose of the hearing is to consider vacating a portion of an existing public utility
easement across a portion of a lot which is described and shown on Exhibits "A" and "B",
attached hereto and made part of hereof, all in Section 15, Township 4 South, Range 4 East;
file R-03-018; application City of Palm Springs.
An easement across a portion of Lot 20, Tahquitz Park No. 2, as shown in Map Book 19,
Page 2 of maps, records of Riverside County, California, of Section 15, Township 4 South,
Range 4 East, more particularly described as follows:
The southerly 5.00 feet of said lot.
If any individual or group challenges the 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
at, or prior to the City Council Hearing.
An equal opportunity will be given to at said hearing for all interested persons to be heard.
Questions regarding this proposed easement vacation may be directed to Marcus Fuller,
Senior Civil Engineer, Department of Public Works and Engineering, (760) 323-8253,
extension 8744.
PATRICIA A.SANDERS
City Clerk
Publish: July 3, 2003
July 10, 2003
The Desert Sun
1
EXHIBIT "A"
VACATION OF
RIGHT-OF-WAY
LEGAL DESCRIPTION:
An easement across a portion of lot 20,Tahquitz Park No.2,as shown in Map Book 19, Page 2 of
maps,records of Riverside County, California,of Section 15,Township 4 South, Range 4 East, more
particularly described as follows:
The Southerly 5.00 feet of said lot.
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* No. C-28931
Exp.03-31-2003
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FILE NO.:
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SHEET NO.:
1 OF 2
EXHIBIT "B"
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CITY OF PALM SPRINGS VACATION OF EASEMENT
y PUBLIC WORKS & ENGINEERING PLAT
DEPARTMENT
LEGAL DESCRIPTION: DESIGN BY: SCALE: FILE NO,:
JRM 1" = 60' R-03-018
LOT 20, OF TAHQUITZ PARK NO. 2, MB
19/2, SECTION, 15, T.4.S, R.4.E. CHECKED BY: DATE SHEET NO.:
DJB 6/27/03 1 OF 1
PROOF OF PUBLICATION This is space for County Clerk's Filing Stamp
(2015.5.C.C.P)
No.5048
NOTICE OF CITY COUNCIL MEETING
STATE OF CALIFORNIA NOTICE OF PUBLIC HEARING
County of Riverside CITY OF PALM SPRINGS
Case No. 6.468, File R-03-018
360 Pablo Drive.
NOTICE IS HEREBY GIVEN that the City Council
of Palm Springs, California, will hold a public
hearing to consider the proposed easement vaca-
tion at Its meeting of July 30, 2003. The city
council begins at 7:00 p.m. In the City Council
Chamber of CIN Hell, 3200 E. Tahquitz Canyon
Way, Palm Springs, Ca.
The purpose ad the hearing is to consider vacat-
ing a portion of an existing public utility easement
I am a citizen of the United States and a resident of across a portion of a lot which is described and
the Count aforesaid;I am over the age of eighteen i shown on Exhibits "A" and "B", attached hereto
y g g and made a part of hereof, all in Section 15,
ears,and not a `trl to or interested in the Township 4 South, Range 4 East; file R-03-018;
Y party application City of Palm Springs.
above-entitled matter.I am the principal clerk of a An easement across a portion of Lot 20,Tahq uitz
printer of the,DESERT SUN PUBLISHING Park No,2, as shown In Map Book 19, Page 2 of
maps, records of Riverside County, California, of
COMPANY a newspaper of general circulation, Section 15, Township 4 South, Range 4 East,
printed and published in the city of Palm Springs, more particularly described as follows:
County of Riverside,and which newspaper has been The southerly 5.00 feet of said lot.
adjudged a newspaper of general circulation by the EXHIBIT "A"
Superior Court of the County of Riverside,State of VACATION OF
California under the date of March 24,1988.Case RIGHT-OF-WAY
Number 191236;that the notice,of which the LEGAL DESCRIPTION:
annexed is a printed copy(set in type not smaller An easement across a portion of lot 20, Tah-
qquilz Park No, 2, as shown in Map Book 19,
than non pariel,has been published in each regular Pa�a 2 of maps, records of Riverside County,
and entire issue of said newspaper and not in an Rao Range
4 a t smoree rti Township 4 South,
y f particularly Township
hipdescribed as
supplement thereof on the following dates,to wit: follows'
-The Southerly 5.00 feet of said lot -
July 3",10"'
---------------------------------------------------------------
I
- - - - - -All in the year 2003
I certify(or declare)under penalty of perjury that the
foregoing is true and correct.
llu'
Dated at Palm Springs,California this---------day
July
1 /G� If an
yy Individual or group challenges the action in
ocurr, Issues raised may be limited to only those
issues raised at the public hearing described in
---------------------------------------------------------------- the notice or in written correspondence at, or pri-
Signature or to the Clly Council Hearing.
An equal opportunity will be given to at said hear-
ing for all interested persons to be heard. Ques-
tions regarding this proposed easement vacation
May be directed to Marcus Fuller,Senior Civil En-
gineer, Department of Public Works and Engi-
neering, (760)323-8253, extension 8744.
PATRICIA A. SANDERS
City Cl.vk
RESOLUTION NO.
OFTHE CITY COUNCIL OF THE CITYOF PALM SPRINGS,
CALIFORNIA,VACATING AND ABANDONING ALL OF ITS
RIGHT, TITLE AND INTEREST IN THE PUBLIC UTILITY
EASEMENT ACROSS THE PROPERTY IDENTIFIED AS
360 PABLO DRIVE IN SECTION 15, TOWNSHIP 4 SOUTH,
RANGE 4 EAST; FILE R-03-018
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 public utility easements, within the limits of the City; and
WHEREAS, the Planning Commission has determined that the public utility easement
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 July 30, 2003, for City Council consideration of vacating the subject
portion of the public utility easement located on the property identified as 360 Pablo Drive;
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
utility easement located on the property identified as 360 Pablo Drive, 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 public utility easement located on the
property identified as 360 Pablo Drive, 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 service easement 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
utility easement located on the property identified as 360 Pablo Drive 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 the public utility easement located
on the property identified as 360 Pablo Drive, as the vacated area is
described and shown on Exhibits "A" and "B", attached hereto and made a
part hereof.
q
RESOLUTION NO.
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.
ADOPTED this day of , 2003
AYES:
NOES:
ABSENT:
ATTEST: CITY OF PALM SPRINGS, CALIFORNIA
By:
City Clerk City Manager
REVIEWED AND ADOPTED AS TO FORM:
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PUBLIC WORKS & ENGINEERING VICINITY MAP
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EXHIBIT "A"
VACATION OF
RIGHT-OF-WAY
LEGAL DESCRIPTION:
An easement across a portion of lot 20,Tahquitz Park No.2, as shown in Map Book 19, Page 2 of
maps, records of Riverside County, California,of Section 15,Township 4 South, Range 4 East, more
particularly described as follows:
The Southerly 5.00 feet of said lot.
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EXHIBIT "B"
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PUBLIC WORKS & ENGINEERING PLAT
*�,�,F� � DEPARTMENT
LEGAL DESCRIPTION: DESIGN BY: SCALE: FILE NO.:
JRM 1" = 60' R-03-018
LOT 20, OF TAHQUITZ PARK NO. 2, MB
19/2, SECTION 15, T.4.S, R.4.E. CHECKED BY: DATE SHEET NO.:
DJB 6/27/03 1 OF 1