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HomeMy WebLinkAboutRes 2024-017RESOLUTION NO. 2024-017 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, DENYING A PROPOSED STREET VACATION OF AN 8,582 SQUARE FOOT PORTION OF SHADOW LAKE DRIVE IN FAVOR OF A PROPERTY AT 73745 SHADOW LAKE DRIVE IS CONSISTENT WITH THE CITY OF PALM DESERT GENERAL PLAN (APNS: 627-342-001) CASE NOS. ST23-0008 WHEREAS, Gordon German, the owner of the property located at 73745 Shadow Lake Drive, did submit a request for a street vacation to vacate an 8,582 square foot portion of Shadow Lake Drive adjacent to 73745 Shadow Lake Drive; and WHEREAS, the Project site (73745 Shadow Lake Drive) has a land use designation of Conventional Suburban Neighborhood in the General Plan adopted on November 10, 2016; and WHEREAS, street vacation proceedings may be initiated by the City Council or may act on a petition or request of an interested person, pursuant to Chapter 3, Part 3, Division 9 of the Streets and Highways Code; and WHEREAS, California Government Code Section 65402 requires that prior to the streets being vacated by the City Council, the Planning Commission shall make a finding that the proposed street vacation is consistent with the City’s General Plan; and WHEREAS, the Planning Commission of the City of Palm Desert, California, did on the 19th day of March 2024, consider the request for street vacation identified above and adopt Planning Commission Resolution 2860 finding the request to be consistent with the Palm Desert General Plan; and WHEREAS, the City Council of the City of Palm Desert, California, did on the 25th day of April 2024, consider the request for street vacation identified above at a duly noticed public hearing and voted to deny the project; and WHEREAS, all other legal prerequisites to the adoption of this Resolution have occurred; and 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. DocuSign Envelope ID: DCF9D5A0-571A-407A-A9CA-81E231BCF098 Resolution No. 2024-017 Page 2 SECTION 2. Project Denial. The City Council was unable to make the necessary findings under Chapter 3, Part 3, Division 9 of the California Streets and Highways Code, and hereby denies the proposed street vacation of a 8,582 square foot portion of Shadow Lake Drive adjacent to 73745 Shadow Lake Drive (ST 23-0008). ADOPTED ON MAY 9, 2024. KARINA QUINTANILLA MAYOR ATTEST: ANTHONY J. MEJIA CITY CLERK I, Anthony J. Mejia, City Clerk of the City of Palm Desert, hereby certify that Resolution No. 2024-017 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 May 9, 2024, by the following vote: AYES: KELLY, NESTANDE, TRUBEE, AND QUINTANILLA NOES: NONE ABSENT: NONE ABSTAIN: NONE RECUSED: HARNIK 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 DocuSign Envelope ID: DCF9D5A0-571A-407A-A9CA-81E231BCF098 5/10/2024