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HomeMy WebLinkAboutRes No 426PLANNING COMMISSION RESOLUTION NO. 426 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF PALM DESERT, CALIFORNIA, FINDING THAT A PROPOSAL BY RIVERSIDE COUNTY TO DISPOSE OF CER- TAIN DESCRIBED PROPERTIES LYING ON THE SOUTH SIDE OF 44TH AVENUE, BETWEEN FAIRHAVEN AND MONTEREY, TO BE IN CONFLICT WITH THE ADOPTED PALM DESERT GENERAL PLAN; AND, REQUESTING THAT PORTION OF THE DESCRIBED PROPERTIES BE RETAINED FOR RIGHT-OF-WAY PURPOSES. WHEREAS, Section 65402(b) of the Government Code of the State of California, prohibits the disposal of any real property by a County until the location, purpose, and extent of that disposal has been sub- mitted to and reported upon by the City Planning Agency having jurisdic- tion, as to conformity with an adopted City General Plan or portion thereof; and, WHEREAS, said Government Code Section provides that the City Plan- ning Agency shall respond as to compliance with an adopted General Plan within forty (40) days; and, WHEREAS, a certified letter has been received from the Office of the Riverside County Road Commissioner on November 6, 1978, by the City Department of Environmental Services, describing the intentions of the County to dispose of the following described real property: Portions of Lots 1, 18, 19, and 36 through 41 of Palm Vista Unit No. 1, lying on the south side of 44th Avenue, between Fairhaven and Monterey. WHEREAS, said letter was forwarded to the Palm Desert Planning Commission at their regularly scheduled meeting on the 15th day of November, 1978; and, WHEREAS, said intention to dispose of the described property has been reviewed, and it is observed that the action would limit the avail- able right-of-way along 44th Avenue to one hundred, ten (110) feet, and that the adopted Palm Desert General Plan, College of the Desert Area Specific Plan, Circulation Element, depicts one hundred, twenty-six (126) feet of planned right-of-way along this segment of 44th Avenue. NOW, THEREFORE, BE IT RESOLVED, by the Planning Commission of the City of Palm Desert, California, as follows: 1. That the above recitations are true and correct and consti- tute the findings of the Commission in this matter. 2. That it does hereby find that the proposed land disposal by Riverside County is not in conformance with the adopted General Plan of the City of Palm Desert, California. 3. That it hereby respectfully request that sixteen (16) feet of property be retained by said County on the south side of 44th Avenue, between Fairhaven and Monterey, for right-of-way purposes in accordance with the College of the Desert Area Specific Plan, Circulation Element. PASSED, APPROVED, and ADOPTED at a regular meeting of the Palm Desert Planning Commission, held on this l5th day of November, 1978, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: Berkey, Fleshman, Kelly, Snyder None Kryder None GLORIA KELLY, Chairman ATTEST: PAUL A. WILLIAMS, Secretary /ks