HomeMy WebLinkAboutCC Reso 2015-60 RESOLUTION NO. 2015-60
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CATHEDRAL
CITY, CALIFORNIA, ORDERING THE CONDITIONAL VACATION OF
PORTIONS OF "A" STREET, "B" STREET, A PUBLIC ALLEY,AND THE
CONDITIONAL VACATION OF PUBLIC HIGHWAY AND PUBLIC UTILITY
USES ON PORTIONS OF LOTS 132 AND 133, ALL AS SHOWN ON THE
MAP OF CATHEDRAL CITY, FILED IN BOOK 13, AT PAGES 24
THROUGH 26 OF MAPS, RECORDS OF RIVERSIDE COUNTY, ALL
LOCATED SOUTH OF EAST PALM CANYON DRIVE AND EAST OF VAN
FLEET AVENUE (VACATION NO. 2015-02)
WHEREAS, there are shown on the official maps of the City of Cathedral City,
California, certain public streets, alleys and public service and utility easements located at
the southeast quadrant of East Palm Canyon Drive and Van Fleet Avenue, in which area
the former Redevelopment Agency(RDA) of the City of Cathedral City acquired a number
of lots and parcels for the purposes of removal of blight and to redevelop the area with new
mixed use developments; and
WHEREAS, in 2006, the majority of these lots were consolidated into a single parcel
by the Redevelopment Agency by the recordation of Parcel Map No. 32932,for a proposed
hotel development; and
WHEREAS, in January, 2008, this parcel was conveyed to the City Urban
Revitalization Corporation (CURC), and in March, 2015, CURC entered into a sale and
development agreement with the Saxony Group for the construction of a hotel on the land.
Saxony subsequently submitted a Planning Department application for the hotel under
Design Review Case No. 2015-004; and
WHEREAS, the sale and development agreement contemplates the developer's
possible acquisition of several privately owned parcels in the vicinity of the proposed hotel,
and the development of the hotel, as now proposed, especially if the privately owned
parcels are acquired, will require the vacation of the remaining streets and alley in the area
south of east Palm Canyon Drive and east of Van Fleet Avenue; and
WHEREAS, the City of Cathedral City, has been requested to vacate certain public
streets, alley, and easements in the area southerly of East Palm Canyon and east of Van
Fleet Avenue, so that the hotel development may proceed; and
WHEREAS, pursuant to the provisions of Chapter 3 of Part 3 of Division 9 of the
Streets and Highways Code of the State of California (said part being the Public Streets,
Highways, and Service Easements Vacation Law), and subject to Section 892 of the
Streets and Highways Code, this Council, on October 14, 2015, adopted Resolution No.
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2015-56, declaring its intention to vacate those portions of"A" Street, "B" Street, a public
alley between "A" Street and "B" Street, and certain other public highway and public utility
easements, as more particularly described in Exhibit"A", and shown in the sketch marked
Exhibit "B", which are attached to and made a part of this Resolution, and to conduct a
public hearing thereon on Monday, November 16, 2015; and
WHEREAS,this Council, on November 16, 2015, after publishing and posting of due
notice thereof, did conduct a public hearing into this matter, and after closing of the public
hearing, did find and determine that all other legal requirements of said Public Streets,
Highways, and Service Easements Vacation Law had been complied with, and that all
applicable requirements of the California Environmental Quality Act (CEQA) had been
complied with; and
WHEREAS, it was found that certain public utility facilities exist in and over portions
of the streets, alley and easements described in said Exhibit"A", and shown in Exhibit"B",
which their owners desire to be protected by the reservation of utility easements or other
means; and
WHEREAS, certain of the street and public utility dedications on the parcels
described in Exhibit "A" were made in fee simple, and upon vacation of the public street,
highway or utility uses on such parcels, the parcel will remain in the ownership of the City
of Cathedral City, and such parcels will thus become surplus land, unnecessary to the
needs of the City.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CATHEDRAL CITY
DOES HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS:
SECTION 1. FINDINGS: The City Council finds and determines that:
a. The public streets, highways, alley and public highway and public utility easements
described in the attached Exhibit "A" and shown on Exhibit "B" are unnecessary for any
present or prospective use.
b. Pursuant to Section 892 of the State Streets and Highways Code, the said public
streets, highways, alley and public highway and public utility easements as described in
the attached Exhibit "A" are not, and will not in the future be useful as a non-motorized
transportation facilities as defined in Section 887 of the said Streets and Highways Code.
c. The vacation of the said.public streets, highways, alley and public highway and
public utility easements as described in the attached Exhibit "A" is exempt from the
requirement for an environmental finding pursuant to the General Rule in the California
Environmental Quality Act (CEQA) Guidelines, Sec. 15061(b)(3), because it can be seen
with certainty that the proposed vacations have no possibility of a significant effect on the
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environment based upon the evidence presented in the Staff Report.
d. The vacation of the alley, between"A"Street and "B"Street, as described in Exhibit
"A"„ meets the criteria for alley vacation approval as set forth in City Council Minute Order
No. 867, adopted on August 17, 1988.
e. The vacation of the public streets, highways, alley and public highway and public
utility easements as described in the attached Exhibit "A" is consistent with the General
Plan because the streets and alley involved are local streets only, which are not shown or
mapped in the Circulation Element of the City's adopted General Plan.
f. Letters were sent to all utility companies active in the general area, asking for their
comments or objections to the proposed vacations of the public streets, highways, alley
and public highway and public utility easements as described in the attached Exhibit"A",
and asking that they notify the City if any of their utility facilities would be affected.
g. Public Notices for the public hearing were duly published in the Desert Sun
newspaper for two successive weeks, on October 30, 2015 and on November 6, 2015,
and Public Notices and copies of the Resolution of Intention for the public hearing were
duly posted on October 28, 2015, along the portions of the public streets, highways, alley
and public highway and public utility easements as described in the attached Exhibit"A"
considered for vacation, in accordance with the Streets and Highways Code, and all other
proceedings and procedures were similarly performed and done pursuant to the provisions
of Chapter 3 of Part 3 of Division 9 of the Streets and Highways Code of the State of
California, said Part 3 being the "Public Streets, Highways, and Service Easements
Vacation Law".
h. The land noted as Vacation Area #4, as described in Exhibit "A", attached hereto,
was dedicated to the County of Riverside in fee simple, and is now the property of the City
through incorporation, and upon vacation of the public highway, street or public utility uses
on said land, and the recordation of a resolution evidencing such vacation, this area will be
unnecessary for any present or prospective public use and will become surplus public
property.
i. Upon the vacation of the public highway, street or public utility uses on Vacation
Area#4, and in accordance with Sections 37350 and 37351 of the Government Code and
Section 8355 of the Streets and Highways Code, the said area will be of value only to the
abutting parcel, and may be disposed of by the City as surplus public property to the owner
of the said abutting parcel, by deed or deeds executed on behalf of the City by the City
Manager.
j. The City General Plan does not apply to the disposal of the surplus public property
as outlined and described in Section 1 (h) and 1 (i) above because all such parcels are on
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local streets, which are not shown or mapped in the Circulation Element of the City's
adopted General Plan.
The disposal of the surplus public property as outlined and described in Section 1
(h) and 1 (i) above will be for the benefit of the City of Cathedral City.
SECTION 2. RESERVATION: The City Council also finds and determines that
there are existing utilities in all the public streets, highways, alley and public highway and
public utility easements as described in the attached Exhibit"A", and therefore, pursuant
to Section 8340 of the Streets and Highways Code, a public utility easement over, under,
across and through those portions of the public streets, highways, alley and public highway
and public utility easements as described in the attached Exhibit"A"shall be reserved as
required from the vacation of each said street, alley or easement, for the maintenance,
operation, replacement, removal, renewal or enlargement of overhead or underground
public utility facilities, telephone and communication facilities, electrical and power
transmission and distribution facilities, cable television and communication lines, and
appurtenances, whether existing or to be constructed in the future. A legal description of
any such reservation will be included in each final resolution of vacation to be recorded.
This public utility reservation shall not be required for the vacation of any portions of the
public streets, highways, alley and public highway and public utility easements as
described in the attached Exhibit"A" if the utility facilities within the said portions of streets,
alley or easements are removed, relocated or otherwise cleared from the streets, alley or
easements such that their owners no longer require the utility reservation.
SECTION 3. CONDITIONS: The City Council finds and determines that the
public safety, convenience and orderly development of the area requires that the City Clerk
shall NOT consent to nor order the recordation of this Resolution or any other written
instrument evidencing the completion of the vacation process on any portion of the public
streets, highways, alley and public highway and public utility easements as described in
the attached Exhibit"A" until such time as the City Engineer and/or the City Manager have
certified in writing to the City Clerk that one or more of the following conditions have been
met:
a. that suitable utility easements have been reserved by the City to protect any
existing utility facility in any portion or segment of street, highway, alley or highway
easement or other easement to be vacated; or
b. that suitable utility easements have been granted to the appropriate utility
companies, to protect any existing utility facility, by the abutting owner or other party to
whose ownership the vacated street or alley would revert upon final vacation; or
c. that the utility facilities within the said portions of streets, alley or easements
have been removed, relocated or otherwise cleared from the streets, alley or easements,
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or that financial arrangements have been made with their owners for such removals,
relocations or clearance, such that the utility owners no longer require the utility
reservation.
SECTION 4. VACATION IN PORTIONS OR SEGMENTS: The City Council
hereby authorizes the vacation of the public streets, highways, alley and public highway
and public utility easements as described in the attached Exhibit"A"to be done in multiple
portions, segments or pieces, subject to Section 3 above, by the recordation of one or
more of the Resolutions, hereby approved, in the form and content attached hereto as
Exhibit"C". Any such Resolution shall have included in it a legal description of the portion,
segment or piece of the street, highway or easement being vacated, and shall be
processed and recorded as described in the following Section 5.
SECTION 5. RECORDATION OF RESOLUTIONS: The City Clerk is hereby
directed to cause the Resolutions in the form set forth in the attached Exhibit "C",
describing the exact portion, segment or piece of the street, alley or easement being
vacated, along with a description of any utility or easement reservations, attested by him
under seal, to be recorded in the office of the County Recorder, ONLY upon receipt by the
City Clerk of the written certification described in Section 3 above. Upon such receipt by
the City Clerk of the written certification, each Resolution in the form as shown in Exhibit
"C" is hereby authorized to be signed by the Mayor and City Clerk and necessary City Staff
persons, without the need for a subsequent Council meeting. Each such Resolution to be
recorded shall bear the same resolution number as this Resolution, followed by a "dash"
and sequential letter, For example, if this Resolution is adopted and numbered 2015-950,
then the first recorded resolution would be numbered 2015-950-A; the second would be
numbered 2015-950-B, and so on.
SECTION 6: EFFECT OF RECORDATION: Upon the recordation of any of the
Resolutions described above, the portions, segments or pieces of public rights of way or
easements described therein shall no longer constitute a public street, highway, alley or
easement in this City and they shall be formally vacated as specified in Sections 8335(b)(4)
and 8336 of the State Streets and Highways Code.
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APPROVED AND ADOPTED at a special meeting of the City Council for the City of
Cathedral City held this 16th day of November, 2015, by the following vote:
Ayes: Council Members Kaplan, Carnevale and Aguilar; Mayor Pro
Tem Pettis and Mayor Henry
Noes: None
Absent: None
Abstain: None
St-'ley E. Henry, Mayor
ATTES '
0211......CLAg.„ ; ■111...i,,, , 0 (I
Gary F. HoW-1I i
City Cler=k
APP011, ' TO FORM:
Charles R. Green
City Attorney
Resolution Attachments:
Exhibit A: Legal Description of street, highway, alley and highway and public utility
Segments to be vacated
Exhibit B: Sketch of Streets and alley proposed for vacation
Exhibit C: Form of Resolution for vacating portions or segments of streets, highway,
alleys, and highway and public utility easements
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EXHIBIT"A"
VACATION NO.2015-02
LEGAL DESCRIPTION OF AREAS TO BE VACATED
A VACATION OF ALL OR PORTIONS OF LOT"V" ("B" STREET), LOT"W"("A" STREET),AND LOT"X"(ALLEY
LOT), AS SHOWN ON THE MAP OF CATHEDRAL CITY, FILED IN BOOK 13, AT PAGES 24 THROUGH 26,
INCLUSIVE, OF MAPS, RECORDS OF RIVERSIDE COUNTY, CALIFORNIA, TOGETHER WITH THE VACATION
OF PUBLIC HIGHWAY AND PUBLIC UTILITY USES ON PORTIONS OF LOTS 132 AND 133, AS SHOWN ON
SAID MAP OF CATHEDRAL CITY, ALL LOCATED WITHIN THE EAST HALF OF SECTION 33, TOWNSHIP 4
SOUTH, RANGE 5 EAST, SAN BERNARDINO MERIDIAN, AND ALL AS MORE PARTICULARLY DESCRIBED AS
FOLLOWS:
1 THAT PORTION OF LOT "V" ("B" STREET), BOUNDED ON THE WEST BY THE SOUTHERLY
PROLONGATION OF THE EAST LINE OF THE WEST 18 FEET OF LOT 166 OF SAID CATHEDRAL CITY,
AS SHOWN ON SAID MAP,AND BOUNDED ON THE EAST BY THE SOUTHERLY PROLONGATION OF
THE EAST LINE OF LOT 173 OF SAID CATHEDRAL CITY,S SHOWN ON SAID MAP;
2 THAT PORTION OF LOT "W" ("A" STREET), BOUNDED ON THE WEST BY THE SOUTHERLY
PROLONGATION OF THE EAST LINE OF THE WEST 18 FEET OF LOT 135 OF SAID CATHEDRAL CITY,
AS SHOWN ON SAID MAP, AND BOUNDED EASTERLY BY A LINE, PARALLEL WITH AND
SOUTHWESTERLY 58.40 FEET, MEASURED AT RIGHT ANGLES, FROM THE CENTERLINE OF
BROADWAY,AS SHOWN ON SAID MAP OF CATHEDRAL CITY;
3 ALL OF LOT "X" (ALLEY LOT), AS SHOWN ON SAID MAP, LOCATED BETWEEN SAID LOT "V' ("B"
STREET)AND SAID LOT"W" ("A"STREET);
4 ALL PUBLIC HIGHWAY AND PUBLIC UTILITY USES ON THOSE PORTIONS OF LOTS 132 AND 133,AS
SHOWN ON SAID MAP, ALONG "A" STREET AS DESCRIBED IN THE GRANT DEED TO THE COUNTY
OF RIVERSIDE RECORDED ON AUGUST 31, 1981, AS INSTRUMENT NO. 165118, IN OFFICIAL
RECORDS OF RIVERSIDE COUNTY;
THIS MAP WAS PREPARED FOR ASSESSMENT PURPOSES ONLY.NOLIABILRY • POR. E112 SEC. 33 T.4S R.5E -/L-- TRAO19-002 687-50
IS ASSUMED FOR THE ACCURACY OF THE DATA SHOWN.ASSESSORS PARCEL OF CATHEDRAL CITY 019-038
MAY NOT COMPLY WITH LOCAL LOT-SPLIT OR BUILDING SITE ORDINANCES. ``` 687-22
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EXHIBIT"B" -
•
CITY OF CATHEDRAL CITY
I PROPOSED VACATION NO.2015-02
14 �� AREAS TO BE VACATED �
1\< i L!? ALLEY=LOT"X"OF CATHEDRAL CITY,MB 13124-26 c.. Lfltlartb ,,,, +.1
\ii�. N1eCW a Ill!
"A"STREET=A PORTION OF LOT"W"OF CATHEDRAL CITY,MB 13124-26 Map Lbf�nnce 3eu:aa 1s MO
•
1 1 �1 gi"A"STREET=PORTIONS OF LOTS 1328132 DEDICATED PER 1981-165118 NB 13/24-26 CATFt'3RALc2TY "130001 : 11.ST•
ASSESSOR'S MAP BK687 PG.50 t�.1 "B"STREET=A PORTION OF LOT"V"OF CATHEDRAL CITY,MB 13124-26 012/213 ' 13.53
-Riverside County.Calif..__. • FM 21711-10 PARCEL MAP 32932 3/13/2013 s 20,3T
•
Apr 2013
0
EXHIBIT "C"
FORM OF RESOLUTION TO BE RECORDED FOR VACATION OF EACH PORTION
OR SEGMENT OF THE STREETS, ALLEY, OR EASEMENTS IN VACATION NO.
2015-02
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CATHEDRAL CITY, CALIFORNIA, ORDERING THE VACATION OF
ALL OR PORTIONS OF SPECIFIED STREETS, HIGHWAYS, ALLEYS
OR PUBLIC HIGHWAY AND PUBLIC UTILITY EAS MENTS_.. T THE
SOUTHEAST QUADRANT OF EAST PALM CANYON_:D IV _ v ' D VAN
FLEET AVENUE IN THE CITY OF CATHEDRAL CITY: } `ACATIO t`):
NO. 2015-02)
WHEREAS, pursuant to the provisions of Chapter 3 of Part 3 of D vision 9 of the
Streets and Highways Code of the State of Cali o n a (said Apart being the Public Streets,
Highways, and Service Easements VacatioLaw); and s;bject to Section 892 of the
Streets and Highways Code, this Counci,00n October 14, 201 -, adopted Resolution
No. 2015-56, declaring its intention to vacate those� `A
ortions o " Street, "B" Street, a
public alley between "A" Street and=`'B" Straeet Land public highway and public utility
easements, as were more particularfy�d-scribed in Exhibit "A", which was attached to
and made a part of said Resolution of 'mention No. 2015-56, and to conduct a public
hearing thereon on Mond._y;::. ovembe 1.6, 2015; and
WHEREAS, this Council,.on November 1 2015, after publishing and posting of
due notice thereof did open andid co:du,xt a public hearing into this matter, and did
find and determine .that all other l'opRI req °irements of said Public Streets, Highways,
and Service Ease ,b. is Vacation Law-, had been complied with, and that all applicable
requirements of the`.California '4L . -ironmental Quality Act (CEQA) had been complied
= { .
with; an.. .
WHEREA ,-:--at s ch hearing it was found that certain public utility facilities
existe8 3 n,;:i d'o e:_::portions of the streets, alleys and easements proposed to be
vacated;_ �` filch the'r downers desired to be protected by the reservation of utility
easements or other means; and
�3t
WHEREA after such hearing, the City Council adopted Resolution No. 2015-
, which vacated the streets, highways, alley and easements described in Exhibit
"A" , which was attached to and made a part of said Resolution No. 2015- ,
subject to the condition that no resolution evidencing the completion of the vacation
process was to be recorded until either (a) that suitable utility easements have been
reserved by the City to protect any existing utility facility in any portion or segment of
street, highway, alley or highway or easement or other easement to be vacated; or (b)
that suitable utility easements have been granted to protect any existing utility facility, by
the abutting owner or other party to whose ownership the vacated street or alley would
revert upon final vacation; or (c) that the utility facilities in the streets, alley or
easements have been removed, relocated, or otherwise cleared from the streets, alley
or easements such that no utility reservation is required; and
WHEREAS, said Resolution No. 2015- further provided that no Resolution
evidencing the vacation of any portion, segment or piece of the streets, alley or
easements described in Exhibit A to said Resolution No. 2015- shall be recorded
by the City Clerk until the City Clerk is notified in writing by the City Engineer and/or the
City Manager that the above conditions had been met; and }
WHEREAS, said Resolution No. 2015- further prose d and authorized the
vacation of individual portions, segments or pieces of the stets, aleyand easements
proposed to be vacated by the recordation of a separate Resolutio;t r rthis gene_>=I.form,
only after certification to the City Clerk that the above conditions ha ®.een m- x
v =ix
NOW, THEREFORE, THE CITY COUNCIL O . THE CITY 0 CATHEDRAL
CITY DOES HEREBY RESOLVE, DETERMINtAND OR®ER AS FO*LOWS:
A. The City Engineer and/or the City ,Manager have certifedYin writing to the City
Clerk that the conditions for vacation of-the folio.ing described portion, segment or
piece of public street, highway, alley;or pu® tp,lrghway or public utility easement have
been met as outlined in Resolution No°`,015- , adopted November 16, 2015:
1 - .
mow::
vYs
4E:
si se Llegal description of portion to be vacated
vE- :w-th tility reservation if needed)
AirK_ Y
B. In accordancewith the provisions of Resolution No 2015- , adopted and
approved onNovember 16, 2015, the City Clerk is hereby directed to cause this
Resolution to be recorded in the office of the County Recorder of Riverside County,
evidencing the vacation of the above described street, highway, alley or easement.
C. From and after the date this Resolution is recorded, the street, highway, alley or
public highway or public utility easements described in Section A above shall be
vacated and abandoned, and shall no longer constitute a public street, highway, alley or
easement in this City.
APPROVED by the authority of Resolution No. 2015- , adopted November 16,
2015:
Stanley E. Henry, Mayor
ATTEST:
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Gary F. Howell -
City Clerk -0: f •x
} _. ;i�.
APPROVED AS TO FORM: APPROVE AS TO CONTE T
D
Charles R. Green Jo: A. Corella y :: "
City Attorney Cut Engineer 4:
APPROVED: `- -e-,
Ctii
w-fit.- .,-:-
Charles I? cClendo: 4 City Manager Manage r te `'
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