HomeMy WebLinkAboutRes No 2806PLANNING COMMISSION RESOLUTION NO. 2806
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF PALM
DESERT, CALIFORNIA, CONSIDERING A RECOMMENDATION TO THE
CITY COUNCIL FOR THE ADOPTION OF A NOTICE OF EXEMPTION IN
ACCORDANCE WITH THE CALIFORNIA ENVIRONMENTAL QUALITY ACT
(CEQA), AND APPROVAL OF A SUMMARY VACATION OF AN UNUSED
PORTION OF SAN PABLO AVENUE RIGHT-OF-WAY AT THE SOUTHEAST
CORNER OF FRED WARING DRIVE AND SAN PABLO AVENUE TO BE IN
CONFORMANCE WITH THE CITY'S GENERAL PLAN.
WHEREAS, the San Pablo Avenue Phase improvements (Project Nos. 691-16 and
681-20) reconstructed San Pablo Avenue to its final width; and
WHEREAS, the Planning Commission of the City of Palm Desert ("Planning
Commission") is recommending approval to the City Council that the excess public right-of-
way exists along San Pablo Avenue at the intersection with Fred Waring Drive ("Excess
ROW"); and
WHEREAS, the California Streets and Highways Code Division 9, Part 3, Chapter 4,
Sections 8330 through 8336 allows the Planning Commission to make recommendations to
the City Council to summarily vacate the Excess ROW because it (1) has not been paved,
has not been used for the past five consecutive years for vehicular travel, and no public
money has been used for its maintenance; (2) has been determined to be excess by the City
and there are no other public facilities located within it; (3) is not required for street or highway
purposes; and (4) does not contain public utility facilities that are in use or would be affected
by the vacation.
WHEREAS, Section 65402 of the Government Code requires that the Planning
Commission review vacation proposals prior to City Council review, in order to confirm the
action would be in conformance with the General Plan; and
WHEREAS, on February 1, 2022, the Planning Commission held a public hearing, at
which time all persons wishing to testify in connection with the said proposal were heard, and
the said proposal was fully studied.
NOW, THEREFORE, BE IT RESOLVED, BY THE PLANNING COMMISSION OF
THE CITY OF PALM DESERT, CALIFORNIA, AS FOLLOWS:
Section 1. Recitals. The Recitals set forth above are true and correct and are
incorporated into this Resolution by this reference.
Section 2. General Plan Conformity. The Planning Commission recommends
approval to the City Council and finds that the summary vacation of the Excess ROW is in
conformance with the City's General Plan because the Excess ROW does not serve a public
benefit and is appropriate for summary vacation because the Excess ROW (1) has not been
paved, has not been used for the past five consecutive years for vehicular travel, and no
public money has been used for its maintenance; (2) has been determined to be excess by
PLANNING COMMISSION RESOLUTION NO. 2806
the City and there are no other public facilities located within it; (3) is not required for street
or highway purposes; and (4) does not contain public utility facilities that are in use or would
be affected by the vacation. The summary vacation of the Excess ROW supports General
Plan Land Use & Community Character Goal 5, which promotes a variety of mixed -use, urban
centers throughout the City that provide opportunities for shopping, recreation, commerce,
employment, and arts and culture, specifically Policy 5.2 regarding the development of San
Pablo Avenue between Fred Waring Drive and Highway 111.
Section 3. CEQA Finding. The Planning Commission hereby recommends that
the City Council find that the summary vacation of the Excess ROW is exempt from the
California Environmental Quality Act pursuant to Title 14 California Code of Regulations
Section 15305 as a minor alteration in land use limitations.
Section 4. Effective Date. This Resolution shall become effective upon its
adoption.
PASSED, APPROVED AND ADOPTED by the Palm Desert Planning Commission of
the City of Palm Desert, California, at its regular meeting held on the 1st day of February
2022, by the following vote, to wit:
AYES: DE LUNA, GREENWOOD, GREGORY, and HOLT
NOES: NONE
ABSENT: PRADETTO '
ABSTAIN: NONE
ATTEST:
9
MARTIN ALVAREZ, SECRETARY
PALM DESERT PLANNING COMMISSION
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