City Council
MEETING DATE: 10/14/2015
TITLE:
Title
Resolution of Intention to Vacate Certain Streets, Alleys, Public Highways and Utility Easements - Vacation No. 2015-02
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FROM:
Tami E. Scott, Administrative Services Director
RECOMMENDATION:
Recommendation
Staff recommends that the City Council adopt the Resolution declaring its intention to vacate portions of Lot “V” (“B” Street) and Lot “W”(“A” Street), all of 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/or public utility uses on portions of Lots 132 and 133 as shown on said map of Cathedral City, all located within the Southeast quarter of Section 33, Township 4 South, Range 5 East, San Bernardino Meridian, at the Southeast quadrant of East Palm Canyon Drive and Van Fleet Avenue.
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BACKGROUND:
The former Redevelopment Agency of the City of Cathedral City (RDA) acquired a number of properties south of East Palm Canyon Drive, and east of Van Fleet Avenue. These parcels were acquired and cleared in order to remove blight and to consolidate land for future mixed use development.
In 2006, the majority of these lots were consolidated into a single parcel by the RDA by the recordation of Parcel Map No. 32932, for a proposed hotel development. That project did not move forward.
In January, 2008, this parcel was conveyed to the City Urban Revitalization Corporation (CURC), and since that time CURC has acquired additional parcels to increase the development potential of a resort hotel complex. In March of 2015, CURC entered into a sale and development agreement with the Saxony Group for the construction of a hotel on the property consisting of the original hotel foot print and the additional parcels. Saxony has subsequently submitted a Planning Department application for the hotel under Design Review case DR 2015-004.
This agreement contemplates the developer’s possible acquisition of additional privately owned parcels in the vicinity of the proposed hotel. The development of the new hotel, as now proposed, and especially if the privately owned parcels are acquired, will require the vacation of the remaining public streets and alley south of Palm Canyon and east of Van Fleet, as shown in the attached sketch.
Therefore, in anticipation of the hotel development, City staff is now proposing the conditional vacation of the remaining portions of “A” Street and “B” Street, east of Van Fleet, and a remaining public alley.
Staff has contacted all the involved utility companies and found that there are existing water, telephone, electrical, and other utility facilities in these streets. This vacation will be conditional, in that the actual street and alley vacations will not take place until the hotel developer clears the streets and alley of all the existing utility facilities, to the satisfaction of their owners.
DISCUSSION:
The vacation procedure begins with the adoption of the attached Resolution of Intention, which schedules a public hearing date, and directs the publication, posting and noticing of the hearing, all in accordance with the State Streets and Highways Code.
Staff has already sent out letters to the various utility companies to solicit their comments or objections to the requested vacation. All of the streets, alleys and easements to be vacated have existing utility facilities such as power lines and poles, telephone lines and facilities, cable TV wires, water mains, hydrants and services, sewer mains and laterals.
Any final vacation resolution will contain conditions requiring the removal, relocation or undergrounding of these utilities before the final vacation resolutions can be recorded to make the vacations effective.
A noticed public hearing will be held to hear testimony on the proposed vacation. At that time, a full Engineer’s report will be presented, along with any special conditions of approval and other findings to be made.
At the hearing, an environmental finding will be made, and a report as to the vacation’s conformance with the General Plan will be presented, if needed. Any comments or objections received from the utility companies or the public will be included in the Engineer’s report. Any interested person can participate in the hearing.
The attached Resolution of Intention sets the public hearing for Monday, November 16, 2015, at 6:30 p.m. in the City Council Chambers.
It should be noted that if a conditional vacation is approved after the public hearing, the streets and alley, or portions of them, will only be vacated if needed for the hotel development. If all the remaining private parcels cannot be acquired, then portions of the public streets will remain intact to provide continued access to and from those parcels.
FISCAL IMPACT:
There is no direct financial impact as a result of the passage of this Resolution.
ATTACHMENTS:
Resolution of Intention for Vacation 2015-02
Exhibit A: Legal Description of Areas to be Vacated
Exhibit B: Sketch of Areas to be Vacated