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Home My WebLink AboutResolution 2012-12 - Vacate Frontage Road - PDH PartnersCITY OF PALM DESERT PUBLIC WORKS DEPARTMENT STAFF REPORT REQUEST: ADOPT RESOLUTION 2012-12 SETTING A PUBLIC HEARING TO CONSIDER VACATING A PORTION OF THE FRONTAGE ROAD ALONG THE EAST SIDE HIGHWAY 74 AS PART OF THE APPROVED HOTEL AND CONDOMINIUM PROJECT KNOWN AS ROSEWOOD. SUBMITTED BY: Mark Greenwood, P.E., Director of Public Works APPLICANT: PDH Partners, LLC 3033 East First Ave Suite 408 Denver, CO 80206 DATE: March 8, 2012 CONTENTS: Draft Resolution 2012- 12 Exhibit A, Legal Description Vacation Exhibit B, Frontage Road Approved Rosewood Site Plan Recommendation Waive further reading and adopt Resolution No. 2012- 12 setting a public hearing for April 12, 2012, to consider vacating a portion of the frontage road along the east side Highway 74 as part of the approved hotel and condominium project known as Rosewood. Commission Recommendation Government Code Section 65402 requires, in part, that the Planning Commission report to the City Council that the subject vacation conforms with the adopted General Plan. At their meeting of February 21, 2012, the Planning Commission, by a 4-1 vote and minute motion, determined that the subject vacation does conform to the General Plan. Background On August 26, 2011, the City Council approved a new hotel and condominium project known as Rosewood. The project is located on a 4.97± acre site located on the east side of Highway 74, west of Ocotillo Drive, south of El Paseo and immediately south of Imago Art Gallery. The approved site plan included elimination of a portion of the existing frontage road along Highway 74 to provide a larger area of landscaping and Staff Report Rosewood Frontage Road Street Vacation March 8, 2012 Page 2 of 2 decorative hardscape in front of the project (see approved site plan). Although the project was previously approved, the Government Code for street vacations requires a separate approval process and public hearing by the City Council. When the request to vacate the frontage road was reviewed by both Planning and Public Works before the project was approved, staff determined that the request to vacate the frontage road could be possible because it does not directly connect to a public street or neighborhood. The frontage road extends approximately 480 feet north of the Rosewood Project before it ends into a private parking lot for a commercial strip center on El Paseo. The vacation of the frontage road will better serve the commercial properties immediately south of El Paseo. North of the Rosewood project, the frontage road will remain open as a local street and is provides access to the residential properties and streets south of El Paseo. Although the applicant is requesting approval of the street vacation today, the approved development agreement states that the vacation of the frontage road will not be recorded and will not take effect until the issuance of the project's first permit. The City will maintain ownership of the frontage road if the project is never built. Fiscal Analysis The City will have a savings in street maintenance costs by approving the vacation of the frontage road along Highway 74. Prepared By: �1 Tony Bagato Principal Planner M. Wohlmuth, City Manager CITY Depart en Had: Mark Gr eZod , P.E., Director flic Works '✓ DENTED OTHER 4111UL�l MEETING DATE 111UICU `/l\ AYES• ik - el) NOES: lir) ABSENT: N)MZ ABSTAIN: U023 VERIFIED BY: 1Ok //21L Original on File with City`Clerk's Office RESOLUTION 2012- 12 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, INITIATING PROCEEDINGS TO VACATE A PORTION OF THE FRONTAGE ROAD ALONG THE EAST SIDE HIGHWAY 74 AS PART OF THE APPROVED HOTEL AND CONDOMINIUM PROJECT KNOWN AS ROSEWOOD. DIVISION 9, PART 3, CHAPTER 4 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 THEPROPOSED VACATION. 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 4 of the Streets and Highways Code, to vacate a portion of the frontage road along Highway 74 in front of the project known as Rosewood as described and depicted in Exhibits A and B; and II. That the hour of 4:00 p.m. on the 12th day of April 2012 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 easements; 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 the regular meeting of the Palm Desert City Council held on this 8th day of March 2012. AYES: NOES: ABSENT: ABSTAIN: ATTEST: RACHELLE D. KLASSEN, CITY CLERK CITY OF PALM DESERT, CALIFORNIA Robert A. Spiegel, Mayor RESOLUTION NO. 2012-12 EXHIBIT "A" STREET VACATION LEGAL DESCRIPTION BEING PORTIONS OF LOTS "A" AND "X" OF BLOCK NO. A-3 OF PALM DESERT UNIT NO. 3, IN THE CITY OF PALM DESERT, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, AS SHOWN BY MAP ON FILE IN BOOK 21, PAGES 81 THROUGH 84, INCLUSIVE OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE MOST NORTHERLY CORNER OF LOT 14 OF BLOCK NO. A-3 OF PALM DESERT UNIT NO. 3 ALSO BEING A POINT ON THE SOUTHEASTERLY LINE OF SAID LOT "A"; THENCE ALONG SAID SOUTHEASTERLY LINE SOUTH 18009'39" WEST 680.28 FEET; THENCE DEPARTING SAID SOUTHEASTERLY LINE NORTH 71050'21" WEST 5.51 FEET TO THE BEGINNING OF A NON -TANGENT CURVE CONCAVE SOUTHWESTERLY HAVING A RADIUS OF 49.24 FEET, A RADIAL LINE TO SAID POINT BEARS NORTH 72024'17" WEST; THENCE NORTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 60°36'28", AN ARC LENGTH OF 52.09 FEET; THENCE NORTH 18009'39" EAST 637.63 FEET TO THE INTERSECTION WITH THE NORTHWESTERLY PROLONGATION OF THE NORTHERLY LINE OF SAID LOT 14; THENCE ALONG SAID NORTHWESTERLY PROLONGATION OF THE NORTHERLY LINE OF LOT 14 SOUTH 71 °50'21" EAST 31.00 FEET TO THE POINT OF BEGINNING. THE ABOVE DESCRIBED PARCEL OF LAND CONTAINS 0.47 ACRES, MORE OR LESS. SHOWN ON EXHIBIT "B" ATTACHED HERETO AND BY THIS REFERENCE MADE A PART HEREOF. PETER EDWARD PETER E. 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