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PC Resolution 2014-001 Street Vacation - Public Utility EasementPLANNING COMMISSION RESOLUTION 2014 - 001 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LA QUINTA, CALIFORNIA THAT THE PROPOSED PUBLIC UTILITY EASEMENT VACATION OF A + 85,072 SQ. FT. PORTION OF A 60 FOOT WIDE STRIP EAST OF PGA BOULEVARD IS CONSISTENT WITH THE GENERAL PLAN CASE NO.: RIGHT OF WAY VACATION 2014-001 APPLICANT: POINTE LARSEN, LLC. WHEREAS, the Planning Commission of the City of La Quinta, California, did on the 14T" day of January, 2014, consider the request for public utility easement vacation of a portion of a 60 foot wide strip east of PGA Boulevard; and, WHEREAS, the Community Development Department published the public hearing notice in the Desert Sun newspaper on the 3rd day of January, 2014, as prescribed by the Municipal Code. Public hearing notices were also mailed to all property owners within 500 feet of the site; and WHEREAS, the proposed vacation is exempt under Section 15060 of the California Environmental Quality Act (CEQA) in that the vacation of the subject easement will not result in a direct or reasonably foreseeable indirect physical change in the environment. WHEREAS, State Government Code Section 65402 requires that prior to streets being vacated by the City Council, the Planning Commission make a finding that the proposed right-of-way vacation is consistent with the City's General Plan; and, WHEREAS, said Planning Commission did make the following Mandatory Finding confirming that the proposed public utility easement vacation is consistent with the City's General Plan: 1. The proposed right-of-way vacation will have no environmental effects that adversely impact the human population, either directly or indirectly, because the segment is currently unused by the public and inaccessible to vehicles; and secondly, the act of vacating the right-of-way will have no physical environmental effect. 2. The right-of-way vacation will not impact public utility agencies, provided easements are retained for the continued maintenance and operation of existing public utilities. 3. The portion of the 60 foot wide strip is no longer needed for public utility purposes. Planning Commission Resolution 2014-001 Right of Way Vacation 2014-001 Pointe Larsen, LLC. Adopted: January 14, 2014 Page 2 4. Under CGC Section 65402 the proposed Right of Way Vacation of an 85,072 square -foot portion of a 60 foot wide strip east of PGA Boulevard is consistent with the La Quinta General Plan. NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of La Quinta, California, as follows: SECTION 1. That the above recitations are true and constitute the findings of the Planning Commission in this case; SECTION 2. That it does find the proposed Right -of -Way Vacation, as shown on the attached legal description and plat map (Exhibits "A" and "B"), is consistent with the City's General Plan for the reasons set forth in this Resolution and recommends to the City Council approval of the right-of-way vacation. PASSED, APPROVED, and ADOPTED at a regular meeting of the La Quinta Planning Commission, held on this 14th day of January, 2014, by the following vote: AYES: Commissioners Blum, Weber, Wilkinson, and Chairperson Barrows NOES: None ABSENT: Vice Chair Wright ABSTAIN: None KATIE BARR , Chairperson City of La Quinta, California ATT Comrrfunity Development Director City of La Quinta, California EXHIBIT "A" VACATION OF PUBLIC UTILITY EASEMENT PORTION OF THE S 1/2, SEC. 16 & THE NW 1/4, SEC. 21, T.6S., R.7E., S.B.M. THAT PORTION OF THE PUBLIC UTILITY EASEMENT RETAINED BY THE CITY OF LA QUINTA PER CORPORATION GRANT DEED RECORDED APRIL 19, 1985 AS INSTRUMENT NO. 82629, OF OFFICIAL RECORDS, IN THE OFFICE OF THE COUNTY RECORDER OF RIVERSIDE COUNTY, CALIFORNIA, DESCRIBED AS FOLLOWS: A STRIP OF LAND 60.00 FEET WIDE, LYING 30.00 FEET ON EACH SIDE OF THE FOLLOWING DESCRIBED LINE; COMMENCING AT THE SOUTH QUARTER CORNER OF SECTION 16, TOWNSHIP 6 SOUTH, RANGE 7 EAST, SAN BERNARDINO MERIDIAN; THENCE SOUTH 89'37'42" WEST, ALONG THE SOUTHERLY LINE OF SAID SECTION 16, A DISTANCE OF 3.89 FEET, TO A POINT ON THE EASTERLY LINE OF PARCEL 2, PER LOT LINE ADJUSTMENT N0, 2004-411, APPROVED BY THE CITY OF LA QUINTA ON AUGUST 24, 2004 AND RECORDED OCTOBER 8, 2004 AS INSTRUMENT NO. 2004-0803272 OF OFFICIAL RECORDS, SAID POINT BEING THE POINT OF BEGINNING; THENCE CONTINUING SOUTH 89'37'42" WEST, ALONG SAID SOUTHERLY LINE OF SAID SECTION 16, A DISTANCE OF 1417.87 FEET, TO A POINT ON THE WESTERLY LINE OF SAID PARCEL 2 PER LOT LINE ADJUSTMENT NO. 2004-411, SAID POINT BEING THE POINT OF TERMINUS. THE SIDE LINES OF SAID 60.00 FEET STRIP TO BE LENGTHENED OR SHORTENED TO INTERSECT SAID EASTERLY AND WESTERLY LINES OF SAID PARCEL 2 PER LOT LINE ADJUSTMENT NO. 2004-411. AREA OF SAID EASEMENT TO BE VACATED EQUALS 85,072 SQUARE FEET, MORE OR LESS. AS SHOWN ON EXHIBIT "B" ATTACHED HERETO AND MADE A PART HEREOF. PREPARED UNDER THE SUPERVISION OF: I OF LILIM&M LAN,) J. L.S. 6568 * Exp. 12-31-15 OF CALF PAGE 1 OF 1 EXHIBIT "B" SHEET 1 OF 1 SHEETS VACATION OF PUBLIC UTILITY EASEMENT PORTION OF THE S 1/2, SEC. 16 & THE NW 1/4, SEC. 21, T.6S., R.7E., S.B.M. 1 I � 1 1 I 0 1 I I 60' 60 1 i i i I I 1 ¢k LAAt J. & C) L.S. 6588 * Exp. 12-31-15 CAL�F\� SW 1/4 SEC. 16 OWNERSHIP BOUNDARY LEGEND: INDICATES EASEMENT AREA TO BE VACATED f SE 1/4 SEC. 16 I P.O.C. SOUTH 1/4 COR, SOUTH LINE, SECTION 16 SECTION 16 S 89'37'42" W 1417.87' 1 - _--____ __- b �'S 89'37'42" W P.O.T. NORTH LINE, SECTION 21 P.O.B. 3.89' I PARCEL 2, LLA 2004-411 APN-775-220-021 PREPARED UNDER THE SUPERVISION OF: NW 1/4%' ,f' , EAST LINE, SEC. 21 �` NW c.1 /4 AVENUE1 54 Ll a &A*� W4(11 CHRIS J. BE H, L.S. 088 bAT Al o R S F 41865 B.H.01k, Suile 218 . Pol. Dowl, CA 92211 5 C H U L 1 2 Voice: 760-674.5776 PLANNERS ENGINEERS SURVEYORS PGA F.........v BLVD. - ;----------- PROJECT .-.... - z K ,r' SITE 21 Q AVENUE 58 VICINITY MAP SCALE 1" =300' NOT TO SCALE 0 150 300 600 900 1200 82629