HomeMy WebLinkAboutRes 2016-83 - Vacate and Close a Portion of San Marcos Ave ROWRESOLUTION NO. 2016-83
CITY OF PALM DESERT
PUBLIC WORKS DEPARTMENT
STAFF REPORT
REQUEST: ADOPT RESOLUTION 2016-83 SETTING A PUBLIC HEARING
TO CONSIDER VACATING STREET RIGHT-OF-WAY, CLOSING A
PORTION OF SAN MARCOS AVENUE BETWEEN SAN CLEMENTE
CIRCLE AND ALESSANDRO ALLEY, AND RESERVING A PUBLIC
UTILITY EASEMENT OVER THE RIGHT-OF-WAY TO BE VACATED
SUBMITTED BY: Mark Greenwood, P.E., Director of Public Works
DATE: November 10, 2016
CONTENTS: Resolution
Exhibits A and B
Vicinity Map
Recommendation
Waive further reading and adopt Resolution No. 2016 - 83 setting the
time and place of a public hearing to consider the proposed closure of San
Marcos Avenue between San Clemente Circle and Alessandro Alley, the
vacation of street right-of-way,
the right-of-way to be vacated
aforementioned Resolution.
Commission Recommendation
and reserving a public utility easement over
subject to the limitations described in the
Government Code Section 65402 requires, in part, that the Planning Commission report to
City Council that the subject vacation is consistent with the adopted General Plan. On
March 1, 2016, the Planning Commission approved a Conditional Use Permit vacating a
portion of San Marcos Avenue, and finding that the construction of a parking lot, in its place,
is consistent with the General Plan.
Strateqic Plan Obiective
The closure and vacation of the street right-of-way at San Marcos Avenue are required for
the proposed improvements for the Alessandro West project (formerly the Alessandro Alley
project). The improvements for the Alessandro West project meet the Economic
Development and Land Use Areas of the Strategic Plan. The purpose of the Alessandro
West project is to encourage the expansion and beautification of the adjacent stores.
Additionally, one of the goals of the project is to revitalize the Highway 111 frontage to
encourage a vibrant city core.
Staff Report
Resolution vacating and closing a portion of San Marcos Avenue
Page 2of2
November 10, 2016
Background
As part of the effort to enhance the functionality of Alessandro West, the Economic
Development Department has contracted with The Altum Group to design certain
improvements, including widening the drive aisle and creating parking areas. One such
area of improvement is located at San Marcos Avenue. The plans show San Marcos
Avenue, and the adjacent lots to the east and west, being converted into a parking area with
a storm water detention basin in the center. The construction of the parking area would
close vehicular access to San Clemente Circle, but pedestrian access would be maintained.
To change the use from street right-of-way to a parking area, the City must vacate the right-
of-way by resolution.
The right-of-way to be vacated is a portion of Lot I from Palma Village Unit No. 7 plat map.
In 1946, Riverside County rejected the offer of dedication for Lot I. However, in Book 1442,
Page 126, the County by resolution dated February 16, 1953, accepted Lot I, designated as
San Marcos Avenue.
The proposed Resolution will vacate the right-of-way by splitting the subject property down
the centerline, and merging the vacated portions with the properties to the east and the
west. The City owns both of the adjacent lots. The proposed Resolution for this vacation
will retain any utility easements, and other easements of record. In addition, a public utility
easement will be created over the area that was formerly the street right-of-way for any
existing utilities without a recorded easement.
Staff is prepared to hold a public hearing on this issue. All affected property owners will be
notified, and a legal notice will be published in the local newspaper. Staff requests that the
attached Resolution setting a public hearing for 4:00 p.m., December 8, 2016, be adopted
for the subject vacation and closure.
Fiscal Analysis
There is no fiscal impact associated with this action.
Prepared By:
Ryan Iayler,-Y/ject Administrator
Jean m. Moore, Director of Finance
Approval:
Lauri Aylaian, City Manager
Depa
Mark Gree n7vood, P.E.,E
Director o' Public Works
RESOLUTION NO. 2016- 83
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT,
CALIFORNIA, INITIATING PROCEEDINGS TO VACATE AND CLOSE A
PORTION OF SAN MARCOS AVENUE RIGHT-OF-WAY UNDER PROVISIONS
OF DIVISION 9, PART 3, CHAPTER 3 OF THE STREETS & HIGHWAYS
CODE OF THE STATE OF CALIFORNIA, AND FIXING A TIME AND PLACE
FOR HEARING ALL PERSONS INTERESTED IN OR OBJECTING TO THE
PROPOSED VACATION AND CLOSURE.
The City Council of the City of Palm Desert, California, does hereby DETERMINE,
ORDER AND RESOLVE as follows:
That it intends to, and by this resolution does, initiate proceedings under the provisions
of Division 9, Part 3, Chapter 3 of the Streets and Highways Code, to vacate that portion of San
Marcos Avenue (Lot "I" of Palma Village Unit No. 7) right-of-way as described in Exhibit A and
depicted in Exhibit B attached hereto subject to and retaining all public utility easements and
other easements of record existing within said public street right-of-way. Additionally, a public
utility easement is to be reserved for public convenience, in accordance with Section 8340(a) of
the State Highway Code, over the right-of-way to be vacated as described in Exhibit A and B,
and
II.
That the hour of 4:00 p.m. on the 8th day of December 2016 in the Council Chamber, 73-
510 Fred Waring Drive, Palm Desert, California, is hereby fixed as the time and place of hearing
all persons interested in or objecting to the proposed vacations of said public streets; and
III.
That the City Clerk is hereby directed to publish a notice of said hearing in The Desert
Sun, a newspaper of general circulation, circulated in the City of Palm Desert, California, twice,
the first date of publication being two (2) weeks before the date of the hearing, and the City
officials of the City of Palm Desert are hereby instructed to post notice of such vacation, as
required by law, at least two (2) weeks before the day set for the hearing.
PASSED, APPROVED AND ADOPTED at a regular meeting of the Palm Desert City
Council held on this 10th day of November 2016 by the following vote, to wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
Robert A. Spiegel, Mayor
ATTEST:
RACHELLE D. KLASSEN, City Clerk
City of Palm Desert, California
EXHIBIT "A"
SAN MARCOS AVENUE PARTIAL STREET VACATION
LEGAL DESCRIPTION
BEING A PORTION OF LOT I OF PALMA VILLAGE UNIT NO.7 IN THE CITY OF PALM DESERT,
COUNTY OF RIVERSIDE;, STATE OF CALIFORNIA, ON FILE IN MAP BOOK 21, PAGES 16 THROUGH
18, INCLUSIVE. OF MAPS. RECORDS OF RIVERSIDE COUNTY, CALIFORNIA, DESCRIBED AS
FOLLOWS:
COMMENCING AT THE SOUTEIF,AST CORNER OF LOT 1 16 OF SAID PALMA VILLAGE: UNIT NO. 7:
THENCE. NORTH 00013'00" WEST 27.00 FEET ALONG THE EAST LINE OF LOT 116 AND TI IF
WESTERLY RIGHT OF WAY LINE OF SAN MARCOS AVENUE. 60.00 FEE"T WIDE, TO A LINE
PARALLEL WITI I AND 27.00 FEET NORTHERLY, MEASURED AT RIGHT ANGLES, FROM THE:
SOUTI IERLY LINE OF SAID LOT 116, AND 1-0 THE TRUE. POINT OF BEGINNING.
THENCE, NORTH 00013'00" WEST 73.00 FEET TO THE BEGINNING OF A TANGENT CURVE
CONCAVE: SOUTHWESTERLY AND I LAVING A RADIUS OF 20.00 FEET;
THENCE: NORTIIWESTER LY ALONG THE ARC OF SAID CURVE AN ARC DISTANCE OF 31.42 FEET
TI IROUGH A CENTRAL ANGLE OF 90°00"00" TO TF IF. NORTI IEAST CORNER OF SAID LOT 1 16;
THENCE NORTH 89047'00" FAST 100.00 FEET ALONG TI IE SOUTIiERLY RIGHT OF WAY LINE OF
SAN CLE:MI;NTE CIRCLE TO TI IF. NORTHWEST CORNER OF L,OT 109 OF SAID PALMA VILLAGE,
UNIT NO. 7, ALSO BEING THE, BEGINNING Of- A TANGF.NT CURVE CONCAVE SOUTHEASTERLY
AND RAVING A RADIUS OF 20.00 FEET:
THENCE SOUTHWESTERLY ALONG THE ARC: OF SAID CURVE AN ARC DISTANCE, Of- 31.42 FEET
THROUGH A CENTRAL. ANGLE OF 90000'00" "1'O TI EE EASTERLY RIGHT OF WAY LINE OF SAN
MARCOS AVENUE AND THE WEST LINE OF SAID LOT 109;
THENCE, SOUTHH 00013'00" EAST 73.00 FEET ALONG SAID EASTERLY RIGHT OF WAY LINE AND
THE WEST LINE OF SAID LOT 109 TO A LINE PARALLEL WITH AND 27.00 FEET NORTHERLY,
MEASURED AT RIGI IT ANGLES. FROM THE, SOUTHERLY LINE OF SAID LOT 109,
THENCE SOUTH 89047'00" WEST30.00 FLET ALONG SAID PARALLEL LINE TO I'I IE CENTF,RLTNE
OF SAID SAN MARCOS AVI_.NUE:
THENCE: CONTINUING ALONG SAID PARALLF.I. LINE SOUTH 89047'00" WEST 30.00 FEET TO THF;
TRUE. POINT OF BEGINNING.
SAID DFSCRIBED PARCEL CONTAINS 5.751 SQUARE FEET, MORE OR LESS.
FOR GRAPHICAL PURPOSES SEE EXI IIBTT " B" ATTACHED HERETO AND 13Y THIS REFERENCE:
MADE A PART HEREOF.
Prepared under the supervision of:
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Date:
TUNG JU
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8722
Exp. June 30, 2016
EXHIBIT "B" SHEET 1 of 1
SAN MARCOS AVENUE PARTIAL STREET VACATION
PALMA VILLAGE UNIT #7
115 M.B.21(16-18 110
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SAN CLEMENTE CIRCLE
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CA AREA: 5,751 SF jl: `
30, 1 30,
117 116
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CURVE TABLE
CURVE I RADIUS I DELTA I LENGTH
C1 20.00' 90100'00" 31.42'
GRAPHIC SCALE
sca.E t "=40'
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• Survey • Environmental
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73-710 Fred Waring Drive, Suite 219, Palm Desert, CA 92260
t.760.346.4750 TheAltumGroup.rom f.760.340.0089
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