HomeMy WebLinkAbout11/6/2002 - STAFF REPORTS (11) DATE: November 6, 2002
TO: City Council
FROM: Director of Public Works/City Engineer
CALLE CHIA 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 Calle Chia in Section 23, Township 4 South, Range 4 East; File R-02-007.
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:
Joseph P. Gallagher has petitioned the City to vacate an unused portion of Calle Chia
adjacent to his property. The applicant resides at the southeast corner of Calle Chia and
Calle Roca in the neighborhood northeast of the commercial and industrial area located
near South Palm Canyon Drive and Sunny Dunes Road. For years, a portion of Calle Chia
adjacent to the applicant's property has been fenced off and miscellaneous materials and
equipment have been illegally stored within the right-of-way. This specific portion of Calle
Chia is a dead-end street,and the factthat the area fenced off was within public right-of-way
was unclear until the issue was brought to staff's attention by the applicant.
Calle Chia was originally created as a public street through the Vista Santa Rosa map,
approved by Riverside County on May 9, 1921. Their approval, however, did not accept the
public rights-of-way on the map. Following incorporation of the City of Palm Springs, the
City Council, through Resolution 4688 adopted February 25, 1957, accepted the pubic
streets within the Vista Santa Rosa map.
The applicant has applied for the vacation of the right-of-way in an attempt to clean up his
property and the surrounding area. Because no residential lots were created as a part of
the Vista Santa Rosa map across from the applicant's property along the subject portion of
Calle Chia, any vacated right-of-way for Calle Chia will revert to and become incorporated
with the applicant's property. Although the applicant desired the total vacation of right-of-
way for Calle Chia south of Calle Roca, it was necessary to preserve legal access to a
parcel of land owned by Southern California Edison. The subject portion of Calle Chia
shown on the exhibits represents the portion of the right-of-way that has been illegally
fenced off and used as a storage area for years by persons unknown.
Calle Chia is a local street and not designated on the General Plan. The proposed right-of-
way vacation was determined to be consistent with the General Plan and was approved by
the Planning Commission at its September 25, 2002, meeting, Case No. 10.437.
14
Calle Chia Right-of-Way Vacation
November 6, 2002
Page 2
Changes to the Streets & Highways Code this year have allowed the public hearing for
proposed rights-of-way vacations to be administratively set by the City Clerk, rather than
requiring the City Council to legislatively set the public hearing through adoption of a
"Resolution of Intention"to vacate. In this way, the City Council on this and future rights-of-
way vacations,will need only consider and review the proposed right-of-way vacation once
at the administratively set public hearing.
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 November 6, 2002, 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. Requests by various utility
companies have been received for reservation of a public utility or access 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 Calle Chia.
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"
PALM SPRINGS CITY COUNCIL
NOTICE OF PUBLIC HEARING
NOTICE OF INTENTION TO VACATE
CALLE CHIA RIGHT-OF-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 November 6, 2002.
The City Council meeting begins at 7:00 P.M. in the City Council Chamber at City Hall, 3200 E.
Tahquitz Canyon Way, Palm Springs, CA.
The purpose of the hearing is to consider vacating a portion of the right-of-way dedicated for the
public street named Calle Chia as the vacated area is described and shown on Exhibits"A"and"B",
attached hereto and made a part hereof, all in Section 23, Township 4 South, Range 4 East; File
R-02-007; applicant Joseph P. Gallagher.
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 this notice or in written correspondence at, or prior
to, the City Council hearing. An opportunity will be given at said hearing for all interested persons
to be heard. 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,
extension 8744.
PATRICIA A. SANDERS
City Clerk
Publish: October 22, 2002
October 29, 2002
The Public Record
4O�PALM Sp4
N City of Palm Springs
Department of Public Works
n Engieering Division
<, RPORM D` P 3200 Tahquitz Canyon Way • Palm Springs, California 92262
q�IFORN� 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 the Notice Of Intention To Vacate those portions of the public streets named
Calle Chia as described in Exhibit "A" and shown in Exhibit`B" (attached), was posted in
Three (3) locations (as indicated on Exhibit`B"), on October 22, 2002. A copy of said notice is
attached hereto.
Dated at Palm Springs, California, this 22'h day of October, 2002.
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
EXHIBIT "A"
THAT PORTION OF LOT K (CALLE CHIA) OF VISTA SANTA ROSA, IN THE CITY OF
PALM SPRINGS, COUNTY OF RIVERSIDE, CALIFORNIA AS SHOWN BY MAP ON FILE
IN BOOK 15 PAGE 87 OF MAPS IN THE OFFICE OF THE RECORDER OF SAID COUNTY,
DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHEAST CORNER OF SAID LOT K BEING ALSO THE SOUTHWEST
CORNER OF LOT 121 OF SAID VISTA SANTA ROSA;
THENCE SOUTH 890 41' 00" WEST 30.00 FEET ALONG THE SOUTHERLY LINE OF SAID
LOT K TO THE SOUTHWEST CORNER THEREOF, BEING ALSO A POINT IN THE EASTERLY
LINE OF THAT CERTAIN PARCEL OF LAND GRANTED TO SOUTHERN CALIFORNIA EDISON
COMPANY SHOWN AS PARCEL NO. 508-132-036 IN THE OFFICE OF THE ASSESSOR OF
SAID COUNTY;
THENCE NORTH 000 28' 00" EAST 40.25 FEET ALONG THE WESTERLY LINE OF SAID
LOT K AND SAID EASTERLY LINE TO THE NORTHEAST CORNER OF SAID ASSESSOR'S
PARCEL;
THENCE SOUTH 890 32' 00" EAST 30.00 FEET PERPENDICULAR TO THE WESTERLY SINE
OF SAID LOT 121;
THENCE SOUTH 000 28' 00" WEST 39.84 FEET ALONG SAID WESTERLY LINE TO THE
POINT OF BEGINNING.
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CITY OF PALM SPRINGS VACATION OF
PN PUBLIC WORKS & ENGINEERING RIGHT—OF—WAY
DEPARTMENT
LEGAL DESCRIPTION: DESIGN BY: SCALE: FILE NO.:
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CHECKED BY: W 0, k SHEET NO.:
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Proof of Publication
In Newspaper
STATE OF CALIFORNIA
County of Riverside
Laura Reyes says:
1. 1 am a citizen of the United States, a PALM SPRINGS CITY COUNCIL
resident of the City of Indio, County of NOTICE OF PUBLIC HEARING
OF INTENTION TO VACATE
Riverside, State of California, and over NOTICECALLE CHIA HIGHT-OF-WAY
the age of 18 years. NOTICE IS HERESY GIVEN libel the City Council of the City of
2. I am the Office & Production Manager Palm SPrings,California,writ hold a public hearing to Consider
the proposed nghFof away vacation at its meeting of November
of The Public Record, a newspaper of 6,2002. The City Council meeting begins at 7.00 FM in the
City Council Chamber al City Hall,3200 E Tahpmtz Canyon
general circulation printed and published in Way,Palm Spring%DA
the City of Palm Springs, County of The purpcseofthe hearing is to cursidar vaeafng a portion of
the ughhof-way dedeated for the fable street named Oahe
Riverside, State of California. Said The Chia as the vacated area is described and shown on Exh'b'ta
"A"and'B", ahaohed hems all made a pert hereof, all m
Public Record is a newspaper of general Sachan 29,Ta,mskp 4 South,Range 4 Loaf,File R-02-007,
circulation as that term is defined in applicant Joseph P Gahagher
It any individual or group challenges the action In court,issues
Government Code section 6000, its raised'nay be limited to only throve issues raised at the public
hearing described rn this notice Or,written correspondence at,
status as such having been established or prior Id,the City Council hearing An opporlanily wtll be given
Court
p[said heering foY all eterested poisons s be heartl Quest'oria
by judicial decree of the Superior of regarding this proposed right-of-Way vadatibh may be d'mcledV
the State of California in and for the Marcus Fuller,Senior CivilEngineer,Department of Public Wodrs
and Eng'neermg,f760)323-8253,extension 8744
County of Riverside in Proceeding No, al Patnc'a A.Sardteo
Indio 49271, dated March 31, 1987, EX„IBfT"A" City Glark
entered in Judgment Book No. 129, THAT PORTION OF LOT K(CAL LE CHIA)OF VISTA SANTA
page355 on March 31 1987. HOSA, IN THE CITY OF PALM SPRINGS, COUNTY OF
RIVERSIDE,CALIFORNIA AS SHOWN BY MAP ON FILE IN
3. The Public Record is a newspaper of BOOK 15 PAGE 87 OF MAPS IN THE OFFICE OF THE
RECORDER OF SAID COUNTY,DESCRIBED AS FOLLOWS
general circulation ascertained and LOTN BEGINNING ATTHE SOUTHEAST CORNER OFSAID
established in the City of Palm Springs in BEING ALSO THE SOUTHWEST CORNER OF LOT 121 OF
the County of Riverside, State of SAID Vi9TA SANTA ROSA,
THENCE SOUTH 89-41'00"WEST 30.00 FEET ALONG THE
California, Case No. RIC 358286, Filed SOUTHEHLY LINE OF SAID LOT K TO THE SOUTHWEST
CORNER THEREOF,BEING ALSO A POINT 11 THE EAST-
June 8, 2001, ERLY LINE OF THAT CERTA IN PARCEL OF LAND G RANTED
4. The notice of which the annexed is a TO SOUTHERN CALIFORNIA EDISON COMPANY SHOWN
AS PARCEL NO. 508-132-036 IN THE OFFICE OF THE
true printed copy, was published in the ASSESSOR OF SAID COUNTY,
THENCE NORTH 00°28'00"EAST 40 25 FEET ALONG
newspaper on the following publication THE WESTERLY LINE OF SAID LOT K AND SAID EAST
ERLY LINE TO THE NORTHEAST CORNER OF SAID
dates to wit: ASSESSOR'S PARCEL,
October 22 2002 THENCE SOUTH SO-32'00"EAST 3000 FEET PERPENDIC-
ULAR TO THE WESTERLY LINE OF SAID LOT 121,
October 29, 2002 THENCE SOUTH 00-28'00"WEST 39.84 FEET ALONG SAID
WESTERLY LINE TO THE PC]NT OF BEGINNING.
/s/Pete B'llinger,
I certify under penalty of perjury that the Date 7-202
oaober 22,zs,2002
above is true and correct. C1110T
Dated at Palm Springs, California, this
29th day of October 2002.
yI j CO7"/2/
La Reyes
e & Pro 'on anager II�
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 CALLE CHIA IN SECTION 23, TOWNSHIP 4
SOUTH, RANGE 4 EAST; FILE R-02-007
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 November 6, 2002,for City Council consideration of vacating and closing
to public use a portion of the right-of-way dedicated for the public street named Calle Chia;
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 Calle Chia, 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 Calle Chia, 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 Calle Chia is unnecessary for present or prospective public
use.
Section 2. That,subject to Section 3,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 Calle Chia, 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. qe
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 day of , 2002.
AYES:
NOES:
ABSENT:
ATTEST: CITY OF PALM SPRINGS, CALIFORNIA
By:
City Clerk City Manager
REVIEWED AND ADOPTED AS TO FORM:
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EXHIBIT "A"
THAT PORTION OF LOT K (CALLE CHIA) OF VISTA SANTA ROSA, IN THE CITY OF
PALM SPRINGS, COUNTY OF RIVERSIDE, CALIFORNIA AS SHOWN BY MAP ON FILE
IN BOOK 15 PAGE 87 OF MAPS IN THE OFFICE OF THE RECORDER OF SAID COUNTY,
DESCRIBED AS FOLLOWS;
BEGINNING AT THE SOUTHEAST CORNER OF SAID LOT K BEING ALSO THE SOUTHWEST
CORNER OF LOT 121 OF SAID VISTA SANTA ROSA;
THENCE SOUTH 890 41' 00" WEST 30.00 FEET ALONG THE SOUTHERLY LINE OF SAID
LOT K TO THE SOUTHWEST CORNER THEREOF, BEING ALSO A POINT IN THE EASTERLY
LINE OF THAT CERTAIN PARCEL OF LAND GRANTED TO SOUTHERN CALIFORNIA EDISON
COMPANY SHOWN AS PARCEL NO. 508-132-036 IN THE OFFICE OF THE ASSESSOR OF
SAID COUNTY;
THENCE NORTH 000 28' 00" EAST 40.25 FEET ALONG THE WESTERLY LINE OF SAID
LOT K AND SAID EASTERLY LINE TO THE NORTHEAST CORNER OF SAID ASSESSOR'S
PARCEL;
THENCE SOUTH 890 32' 00" EAST 30.00 FEET PERPENDICULAR TO THE WESTERLY SINE
OF SAID LOT 121;
THENCE SOUTH 000 28' 00" WEST 39.84 FEET ALONG SAID WESTERLY LINE TO THE
POINT OF BEGINNING.
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AL"'° CITY OF PALM SPRINGS VACATION OF
PPUBLIC WORKS & ENGINEERING RIGHT—OF—WA
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PoPTION DESIGN By SCALE. FILE NO.:
1" = .90' R-OP- 007
CHECKED BY: W.O. N SHEET NO.:
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