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City of Palm Desert Recorded in Official Records
County of Riverside
73510 Fred Waring Drive Peter Aldana
Assessor-County Clerk-Recorder
Palm Desert, CA 92260-2578 'll ViViVklAidill
III
FOR THE BENEFIT OF THE CITY OF
PALM DESERT
-NO FEE- b1 3
6103 OF THE GOV. CODE (This Space for Recorder's Use Only)
Vacation of Unused Portion of Santa Margarita
Avenue Right-of-Way
Approval of a Summary Vacation of an unused Portion of Santa Margarita Right-of-Way
pursuant to provisions of Division 9, Part 3, Chapter 4 of the Streets and Highways
Code of the State of California located at the northerly terminus of Santa Margarita
Avenue within the City of Palm Desert to be in conformance with the City's General
Plan.
RESOLUTION NO. 2022-106
(Passed, Approved, and Adopted December 15, 2022)
RESOLUTION NO. 2022-106
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM
DESERT, CALIFORNIA, ADOPTING A NOTICE OF EXEMPTION UNDER
THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) AND
APPROVING A SUMMARY VACATION OF AN UNUSED EXCESS
PORTION OF RIGHT-OF-WAY LOCATED AT THE NORTHERLY
TERMINUS OF SANTA MARGARITA AVENUE ADJACENT TO 44525
SANTA MARGARITA AVENUE
WHEREAS, the City of the City of Palm Desert has concluded that the excess
public right-of-way exists along Santa Margarita Avenue at its northerly terminus
approximately 750 feet north of De Anza Way ("Excess ROW"); and
WHEREAS, that that the City Council may vacate all or part of a street, highway,
or public service easement pursuant to the Public Streets, Highways, and Service
Easements Vacation Law (California Streets & Highways Code, § 8300 et seq.); and
WHEREAS, the summary vacation proceedings are to be conducted pursuant to
the provisions in sections 8330 through 8336, Chapter 4 of Part 3, Division 9, entitled
"Summary Vacation," of the California Streets and Highways Code; and
WHEREAS, the City Council finds that the Excess ROW does not serve a public
benefit; and
WHEREAS, the Excess ROW satisfies the criteria for summary vacation pursuant
to Sections 8331 , 8333, 8344, and 8334.5 of the California Streets and Highways Code
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 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;
and
WHEREAS, pursuant to Government Code section 65402(a), the City Council of
the City of Palm Desert must review the proposed vacation of the Excess ROW is
consistent with the City's General Plan and conforms with the Palm Desert General Plan;
and
WHEREAS, under Section 21067 of the Public Resources Code, Section 15367
of the State CEQA Guidelines (Cal. Code Regs., tit. 14, § 15000 et seq.), and the City of
Palm Desert's ("City's") Local CEQA Guidelines, the City is the lead agency for the
Project; and
WHEREAS, the Planning Commission of the City of Palm Desert, California, did
on the 15th day of November 2022, hold a duly noticed public hearing to consider the
request for approval of the above-noted Project request and approved the project; and
Resolution No. 2022-106 Page 2
WHEREAS, the City Council of the City of Palm Desert, California, did on the 15th day of
December 2022, hold a duly noticed public hearing to consider the request for approval
of the above-noted Project request; and
WHEREAS, at the said public hearing, upon hearing and considering all testimony
and arguments, if any, of all interested persons desiring to be heard, the Planning
Commission did find the following facts and reasons, which are outlined in the staff report,
exist to justify approval of said request.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Palm
Desert, California, as follows:
SECTION 1. Recitals. The City Council hereby finds that the foregoing recitals are
true and correct and are incorporated herein as substantive findings of this Resolution.
SECTION 2. General Plan Conformity. The City Council 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 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 is consistent General Plan Land Circulation
SECTION 3. CEQA Findings. Based upon its review of the record City Council
hereby finds and determines that the Project has complied with the requirements of the
"City of Palm Desert Procedure for Implementation of CEQA" Resolution No. 2019-41
and the City Council has concluded that the Project will not have a significant impact on
the environment and that the Project is categorically exempt under Article 19, Section
15303 New Construction or Conversion of Small Structures (Class 3) of the State CEQA
Guidelines. The project is for the vacation of a 1,056-square-foot excess unutilized portion
of public right-of-way and is consistent with the General Plan circulation designation and
applicable General Plan policies, as well as applicable zoning designation and
regulations. The project site has been previously graded and has no value as a habitat
for endangered, rare, or threatened species. Project approval would not result in the
possibility of significant cumulative impacts upon the environment. The site is adequately
served by all required utilities and public services.
Furthermore, none of the exceptions to the use of the Class 5 categorical exemption
identified in State CEQA Guidelines Section 15300.2 apply. The Project is not located in
a particularly sensitive environment and will not impact an environmental resource of
hazardous or critical concern. It is situated adjacent to an existing single-family residence
and no physical improvements are required. The Project will not result in a cumulative
impact from successive Projects of the same type in the same place, over time. There
are no unusual circumstances surrounding the Project that result in a reasonably
possibility of a significant effect on the environment. The Project will not damage scenic
resources, including trees, historic buildings, rock outcroppings, or similar resources. The
Resolution No. 2022-106 Page 3
Project does not include any hazardous waste sites, and the Project will not cause a
substantial adverse change in the significance of a historical resource. Thus, the Class 5
exemption applies, and no further environmental review is required.
SECTION 4. Custodian of Records. The documents and materials that constitute
the record of proceedings on which these findings are based are located at the City's
office at 73510 Fred Waring Drive, Palm Desert, CA 92260. Anthony J. Mejia, MMC, the
City Clerk of the City of Palm Desert is the custodian of the record of proceedings.
SECTION 5. Execution of Resolution. The Mayor signs this Resolution and the
City Clerk shall attest and certify to the passage and adoption thereof.
ADOPTED ON DECEMBER 15, 2022.
kathIeeH' 4 y
heath(can K,ifv�Uec 21.20)2i 4.PST'
KATHLEEN KELLY
MAYOR
ATTEST:
o!hanv G9 i.i .,e 7:.207]1;:53 PST
ANTHONY J. MEJIA
CITY CLERK
I, Anthony J. Mejia, City Clerk of the City of Palm Desert, hereby certify that
Resolution No. 2022-106 is a full, true, and correct copy, and was duly adopted at a
regular meeting of the City Council of the City of Palm Desert on December 15, 2022, by
the following vote:
AYES: HARNIK, NESTANDE, QUINTANILLA, TRUBEE, AND KELLY
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
RECUSED: NONE
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of
the City of Palm Desert, California, on Dec 21,2022
A4qec 2 ,20,
ANTHONY J. MEJIA
CITY CLERK
EXHIBIT "A"
RIGHT-OF-WAY VACATION
LEGAL DESCRIPTION
SANTA MARGARITA AVENUE
IN THE CITY OF PALM DESERT, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA,
BEING A PORTION OF SANTA MARGARITA AVENUE OF PALM VILLAGE UNIT NO,
6, AS SHOWN BY MAP ON FILE IN BOOK 20, AT PAGES 81 THROUGH 83,
INCLUSIVE, OF MAPS, RECORDS OF SAID COUNTY, LOCATED IN THE
SOUTHEAST QUARTER OF SECTION 21, TOWNSHIP 5 SOUTH, RANGE 6 EAST,
SAN BERNARDINO MERIDIAN. MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTHEAST CORNER OF LOT 18 IN BLOCK "I" OF SAID
MAP BEING ON THE SOUTHWESTERLY RIGHT-OF-WAY LINE OF SANTA
MARGARITA AVENUE ALSO BEING ON A CURVE CONCAVE EASTERLY, HAVING A
RADIUS OF 849.02 FEET, A RADIAL LINE TO SAID POINT BEARS NORTH 65°04'01'
EAST;
THENCE NORTHERLY ALONG THE ARC OF SAID CURVE AND THE
SOUTHWESTERLY RIGHT-OF-WAY LINE OF SANTA MARGARITA AVENUE,
THROUGH A CENTRAL ANGLE OF 03°35'28", AN ARC DISTANCE OF 53.21 FEET TO
THE BEGINNING OF A NON-TANGENT CURVE, CONCAVE EASTERLY, HAVING A
RADIUS OF 40.00 FEET, A RADIAL LINE TO SAID POINT BEARS SOUTH 31°00'46"
WEST, ALSO BEING THE TRUE POINT OF BEGINNING;
THENCE NORTHERLY ALONG THE ARC OF SAID CURVE, THROUGH A CENTRAL
ANGLE OF 148°41 56', AN ARC DISTANCE OF 103.81 FEET TO THE NORTHEAST
CORNER OF SAID LOT 18 ALSO BEING THE NORTHWEST CORNER OF LOT 1 OF
PALM VILLAGE UNIT NO. 9, AS SHOWN BY MAP ON FILE IN BOOK 21, AT PAGE 80,
OF MAPS. RECORDS OF SAID COUNTY, A RADIAL LINE TO SAID POINT BEARS
NORTH 00'17'00' WEST:
THENCE NON-TANGENT TO SAID CURVE NORTH 89°53'00" EAST ALONG THE
NORTHERLY LINE OF SAID LOT 1, A DISTANCE OF 23.69 FEET TO THE BEGINNING
OF A NON-TANGENT CURVE, CONCAVE SOUTHEASTERLY, HAVING A RADIUS OF
50.00 FEET, A RADIAL LINE TO SAID POINT BEARS NORTH 00'07'00" WEST;
THENCE SOUTHWESTERLY ALONG THE ARC OF SAID CURVE, THROUGH A
CENTRAL ANGLE OF 110°58'10", AN ARC DISTANCE OF 96.84 FEET TO THE
BEGINNING OF A NON-TANGENT CURVE, CONCAVE NORTHEASTERLY, HAVING
A RADIUS OF 849.02 FEET, A RADIAL LINE TO SAID POINT BEARS SOUTH 69°07100'
WEST:
1 OF 2
EXHIBIT "A"
RIGHT-OF-WAY VACATION
LEGAL DESCRIPTION
SANTA MARGARITA AVENUE
THENCE SOUTHERLY ALONG THE ARC OF SAID CURVE, THROUGH A CENTRAL
ANGLE OF 00'27'31", AN ARC DISTANCE OF 6.80 FEET TO THE TRUE POINT OF
BEGINNING.
SUBJECT TO EXISTING EASEMENTS, COVENANTS, RIGHTS AND RIGHTS-OF-
WAY OF RECORD.
CONTAINING 1,056 SQUARE FEET OR 0.024 ACRES MORE OR LESS.
AS DEPICTED ON EXHIBIT "B" ATTACHED HERETO AND MADE A PART HEREOF.
PREPARED BY OR UNDER THE DIRECTION OF:
t°1- LAND
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UKE R. BE P.L.S. 8223 0
0. LUKE R. BEVERLY
1 1 No. 8223
DATED:
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2 OF 2
EXHIBIT "B"
RIGHT-OF-WAY VACATION
NE COR.
NO0'17'00"W LOT 18
(R) L1 —+ _ _ _
N-N'LY LINE " \ \ ON 0'07'.0_"W -N'LY LINE
LOT 18 \ (R) LOT 1
C.) \ R/W PER INST. NO.
V 1988-268989 REC.
09/19/1988, O.R.
R/W Ai I
VACATION * LOT 1
1,056 SQ. FT. sss o7'00' ` PALM VILLAGE
0.024 AC.
4 (R)C4 \ \ UNIT N 0. 9
`,
M.B. 21 /80
S31.00'46"W S68.39'29"W N \
(R) R=40.00' (R) R=849. 2'
T.P.O.B. �1"� \
VACAT
AREA ION 7 \
LOT 18 \ \ EXISTING R/W
BLOCK "I" 9� \
PALM VILLAGE \ 0UNIT NO. 6 N(j04'01'E \ y \
M.B. 20/81 -83 / sO.COR. 7C \ i
LOT 18 \ 7' /
/ EXISTING R/W V'
/ \
( ) INDICATES RECORD DATA PER M.B. 20/81-83
LINE DATA CURVE DATA
NO. BEARING LENGTH NO. DELTA RADIUS LENGTH
L1 (N 89'53'00" E) 23.69' C1 03'35'28" (849.02') 53.21'
C2 148'41'56" (40.00') 103.81' _
C3 110'58'10" 50.00' 96.84' -8
\oNP� LqN� C4 00'27'31" 849.02' 6.80'
G9
Iti ��� S�-C 0' 30' 60'
' MEMm
` � ' *�i SCALE 1"=30'
OF - MSA CONSULTING, INC. ql}p
CA > PLANNING>CIVIL ENGINEERING>LAND SURVEYING
34200 BOB HOPE DRIVE, RANCHO MIRAGE, CA 92270
Z z 8 ZZ 760.320.9811 MSACONSULTINGINC.COM
DATED: __ __
J.N. 2594 SHEET 1 OF 1
RESOLUTION NO. 2022-106
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM
DESERT, CALIFORNIA, ADOPTING A NOTICE OF EXEMPTION UNDER
THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) AND
APPROVING A SUMMARY VACATION OF AN UNUSED EXCESS
PORTION OF RIGHT-OF-WAY LOCATED AT THE NORTHERLY
TERMINUS OF SANTA MARGARITA AVENUE ADJACENT TO 44525
SANTA MARGARITA AVENUE
WHEREAS, the City of the City of Palm Desert has concluded that the excess
public right-of-way exists along Santa Margarita Avenue at its northerly terminus
approximately 750 feet north of De Anza Way (“Excess ROW”); and
WHEREAS, that that the City Council may vacate all or part of a street, highway,
or public service easement pursuant to the Public Streets, Highways, and Service
Easements Vacation Law (California Streets & Highways Code, § 8300 et seq.); and
WHEREAS, the summary vacation proceedings are to be conducted pursuant to
the provisions in sections 8330 through 8336, Chapter 4 of Part 3, Division 9, entitled
“Summary Vacation,” of the California Streets and Highways Code; and
WHEREAS, the City Council finds that the Excess ROW does not serve a public
benefit; and
WHEREAS, the Excess ROW satisfies the criteria for summary vacation pursuant
to Sections 8331, 8333, 8344, and 8334.5 of the California Streets and Highways Code
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 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;
and
WHEREAS, pursuant to Government Code section 65402(a), the City Council of
the City of Palm Desert must review the proposed vacation of the Excess ROW is
consistent with the City’s General Plan and conforms with the Palm Desert General Plan;
and
WHEREAS, under Section 21067 of the Public Resources Code, Section 15367
of the State CEQA Guidelines (Cal. Code Regs., tit. 14, § 15000 et seq.), and the City of
Palm Desert’s (“City’s”) Local CEQA Guidelines, the City is the lead agency for the
Project; and
WHEREAS, the Planning Commission of the City of Palm Desert, California, did
on the 15th day of November 2022, hold a duly noticed public hearing to consider the
request for approval of the above-noted Project request and approved the project; and
Resolution No. 2022-106 Page 2
WHEREAS, the City Council of the City of Palm Desert, California, did on the 15 th day of
December 2022, hold a duly noticed public hearing to consider the request for approval
of the above-noted Project request; and
WHEREAS, at the said public hearing, upon hearing and considering all testimony
and arguments, if any, of all interested persons desiring to b e heard, the Planning
Commission did find the following facts and reasons, which are outlined in the staff report,
exist to justify approval of said request.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Palm
Desert, California, as follows:
SECTION 1. Recitals. The City Council hereby finds that the foregoing recitals are
true and correct and are incorporated herein as substantive findings of this Resolution.
SECTION 2. General Plan Conformity. The City Council 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 f ive
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 purpos es; 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 is consistent General Plan Land Circulation
SECTION 3. CEQA Findings. Based upon its review of the record City Council
hereby finds and determines that the Project has complied with the requirements of the
"City of Palm Desert Procedure for Implementation of CEQA” Resolution No. 2019 -41
and the City Council has concluded that the Project will not have a significant impact on
the environment and that the Project is categorically exempt under Article 19, Section
15303 New Construction or Conversion of Small Structures (Class 3) of the State CEQA
Guidelines. The project is for the vacation of a 1,056-square-foot excess unutilized portion
of public right-of-way and is consistent with the General Plan circulation designation and
applicable General Plan policies, as well as applicable zoning designation and
regulations. The project site has been previously graded and has no value as a habitat
for endangered, rare, or threatened species. Project approval would not result in the
possibility of significant cumulative impacts upon the environment. The site is adequately
served by all required utilities and public services.
Furthermore, none of the exceptions to the use of the Class 5 categorical exemption
identified in State CEQA Guidelines Section 15300.2 apply. The Project is not located in
a particularly sensitive environment and will not impact an environmental resourc e of
hazardous or critical concern. It is situated adjacent to an existing single-family residence
and no physical improvements are required. The Project will not result in a cumulative
impact from successive Projects of the same type in the same place, o ver time. There
are no unusual circumstances surrounding the Project that result in a reasonably
possibility of a significant effect on the environment. The Project will not damage scenic
resources, including trees, historic buildings, rock outcroppings, or similar resources. The
Resolution No. 2022-106 Page 3
Project does not include any hazardous waste sites, and the Project will not cause a
substantial adverse change in the significance of a historical resource. Thus, the Class 5
exemption applies, and no further environmental review is required.
SECTION 4. Custodian of Records. The documents and materials that constitute
the record of proceedings on which these findings are based are located at the City’s
office at 73510 Fred Waring Drive, Palm Desert, CA 92260. Anthony J. Mejia, MMC, the
City Clerk of the City of Palm Desert is the custodian of the record of proceedings.
SECTION 5. Execution of Resolution. The Mayor signs this Resolution and the
City Clerk shall attest and certify to the passage and adoption thereof.
ADOPTED ON DECEMBER 15, 2022.
KATHLEEN KELLY
MAYOR
ATTEST:
ANTHONY J. MEJIA
CITY CLERK
I, Anthony J. Mejia, City Clerk of the City of Palm Desert, hereby certify that
Resolution No. 2022-106 is a full, true, and correct copy, and was duly adopted at a
regular meeting of the City Council of the City of Palm Desert on December 15, 2022, by
the following vote:
AYES: HARNIK, NESTANDE, QUINTANILLA, TRUBEE, AND KELLY
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
RECUSED: NONE
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of
the City of Palm Desert, California, on ___________________.
ANTHONY J. MEJIA
CITY CLERK
Kathleen Kelly (Dec 21, 2022 15:48 PST)
Kathleen Kelly
Anthony Mejia (Dec 21, 2022 15:53 PST)
Anthony Mejia (Dec 21, 2022 15:53 PST)
Dec 21, 2022