The city of Palm Desert favors limited, conditional, private use of public right-of-way property through the encroachment permit process set forth in Chapter 12.04 of this code and other city laws over the outright vacation of the city's legal interest in such property. Further, the public use of pedestrian stairway and pathway rights-of-way shall be respected in considering requests for vacation. In certain situations, public right-of-way vacation may be appropriate pursuant to the provisions of this chapter.
(Ord. No. 1418, 10/24/2024)
of a resolution includes passage or enactment of a resolution.
means the city of Palm Desert.
means the city clerk of the city.
means the city council of the city.
means the city engineer or their designee.
means the director of development services or their designee.
means the owner(s), or their authorized representative(s),
of a parcel or parcels which is/are contiguous to the part of the
public right-of-way sought to be vacated.
means the planning commission of the city.
means a city or special district as defined in Section 54775
of the Government Code.
includes all or part of, or any right in:
A right-of-way, easement, or use restriction acquired for public
use by dedication or otherwise for sewers, pipelines, pole lines,
electrical transmission and communication lines, pathways, storm drains,
drainage, canal, water transmission lines, light and air, and other
limited use public easements other than for street or highway purposes.
An easement or right of a type described in Section 8340.
means a public utility as defined in Section 216 of the Public
Utilities Code.
includes all or part of, or any right in, a state highway
or other public highway, road, street, avenue, alley, lane, driveway,
place, court, trail, or other public right-of-way or easement, or
purported public street or highway, and rights connected therewith,
including, but not limited to, restrictions of access or abutters'
rights, sloping easements, or other incidents to a street or highway.
means the termination of the public interest in a right-of-way
(opened or unopened), and the extinguishment of the easement for public
travel that is represented by the right-of-way.
(Ord. No. 1418, 10/24/2024)
A.
Any interested person desiring to have a public street, highway,
or public service easement vacated shall submit an application to
the director on forms provided by the city.
B.
Each application shall include the following information:
1.
A general and legal description of the right-of-way, or portion
thereof, proposed to be vacated together with a map or plan which
illustrates the extent of the vacation in relation to the right-of-way,
public service easements, if any, and the contiguous properties.
2.
An independent, written title report to determine ownership
interests in the right-of-way, or portion thereof, proposed to be
vacated, and the contiguous property or properties. The title report
shall be issued by a title insurance company licensed and admitted
to conduct business by the state of California.
3.
A statement describing how the right-of-way sought to be vacated
is unnecessary for present or prospective public use.
5.
All additional information or documentation as required by the
director.
(Ord. No. 1418, 10/24/2024)
A processing fee representing the estimated reasonable city
costs to process the application shall be deposited with the city
in order for the application to be complete. The fee amount shall
be established by city council resolution.
(Ord. No. 1418, 10/24/2024)
The director, the city engineer, and other staff shall review the application for completeness. The city shall seek input from the holders of any public service easements to determine if there are any adverse effects of the requested vacation upon these public service easements and the city may make changes or conditions to the requested vacation accordingly. Environmental inspections and/or review, if required, shall be conducted. Once the application is determined complete by city staff, it shall be submitted to the city clerk. The city clerk shall set the matter for consideration by the planning commission solely to determine if the location, purpose and extent of the vacation conforms with the city's general plan under Government Code Section 65402. The date the planning commission renders its determination shall initiate the proceedings for purposes of taking the vacation request to the city council. At the director's discretion, the city may combine several vacation applications and present them to the planning commission or city council in the same proceeding. At the conclusion of the planning commission proceedings, the city clerk shall set the city council public hearing date and follow the procedures set forth in Section 12.36.070 and Sections 8322 and 8323 of the California Streets and Highways Code.
(Ord. No. 1418, 10/24/2024)
Unless exempt pursuant to Section 12.36.060, an independent, written appraisal to determine the value of the right-of-way, or portion thereof, proposed to be vacated shall be obtained by the city prior to consideration of the request to vacate by the city council. The right-of-way shall be valued at the same unit value of the contiguous property or properties for its highest and best use as if both the right-of-way to be vacated and the contiguous property or properties are vacant. That is, the appraisal shall consider the value of the right-of-way to be vacated irrespective of the existence of any improvements or structures. The applicant shall bear the cost of the appraisal. The city may combine several vacation applications in order to reduce and distribute the appraisal cost among several applicants.
(Ord. No. 1418, 10/24/2024)
Expedited review of vacation applications means the application, once complete, proceeds directly to the planning commission under Section 12.36.040 and is exempt from the appraisal requirement under Section 12.36.050.
In order to qualify for expedited review, the application must
demonstrate to the satisfaction of the city engineer that one or more
of the following conditions exists:
A.
An error exists in title to the right-of-way proposed for vacation.
An "error" is defined as a mistake in the legal description of the
right-of-way, in the chain of title to the right-of-way, or in the
property boundaries of the right-of-way, for example, by conflicts
between metes and bounds descriptions, physical monuments, recorded
maps or deeds or other recorded instruments. The error may be shown
by a survey prepared at the sole cost of the applicant by a surveyor
licensed by the state of California Board of Professional Engineers,
Land Surveyors, and Geologists. The error must be described in detail
and substantiated in writing by an opinion of a title insurance company
licensed to do business in the state of California.
B.
The existence of the right-of-way proposed for vacation poses a serious,
hazardous threat to the safety of the public or to the safety of the
persons or property upon the property or properties. The safety hazards
must be described in detail and attested in writing by the applicant
under penalty of perjury. An example of a serious safety hazard would
be a landslide or an imminent landslide.
C.
The existence of the right-of-way proposed for vacation poses an
unreasonable hardship on the applicants if the vacation were not granted
by the city. The instances of hardship must be described in detail
and attested in writing by the applicant under penalty of perjury.
An example of a hardship would be proof of substantial economic loss
and/or unreasonable restraint against alienation if the vacation were
not granted, and no other reasonable alternative exists such as issuance
of an encroachment permit.
(Ord. No. 1418, 10/24/2024)
The director shall comply with the state law procedures for
vacations, including without limitation the procedures set forth in
the public streets, highways, and service easements vacation law (California
Streets and Highways Code Sections 8300 and following). A public hearing
is required before the city council and the city clerk shall cause
legal notice to be provided. Notice shall include mailed notice to
all properties within three hundred feet of the right-of-way proposed
to be vacated at least two weeks' ahead of the public hearing
date. Per the California Streets and Highways Code Section 8323 the
legislative body shall conspicuously post notices of vacation along
the line of the street, highway, or public service easement proposed
to be vacated. The notices shall be posted not more than three hundred
feet apart, but at least three notices shall be posted. If the line
of the street, highway, or public service easement proposed to be
vacated exceeds one mile in length, the legislative body may, in lieu
of posting not more than three hundred feet apart, post notices at
each intersection of another street or highway with the street, highway,
or public service easement to be vacated and at one point approximately
midway between each intersection, but at least three notices shall
be posted. At the director's discretion, the city may combine
several vacation applications and present them to the city council
in the same proceeding.
(Ord. No. 1418, 10/24/2024)
The city council shall not adopt a resolution approving a vacation
unless it finds as follows:
A.
The right-of-way to be vacated, or portion thereof, is unnecessary
for present or prospective public use.
B.
The vacation conforms to the city's general plan, including
the Mobility Chapter.
C.
The vacation serves the public interests to a degree greater than
if the private use of the right-of-way was conferred by encroachment
permit.
D.
The vacation has been reviewed in conformance with the California
Environmental Quality Act and will have no environmental effects that
adversely impact the public safety or welfare.
E.
Adequate consideration has been offered in exchange for vacating
the public's interest in the affected right-of-way. The adequacy
of the consideration is not limited to monetary remuneration and is
to be determined on a case-by-case basis at the sole discretion of
the city council. The council may consider such factors as the appraised
value of the vacated right-of-way, the use which the applicant is
to make of the vacated right-of-way, and whether the loss of the public's
interest in the vacated right-of-way is offset by the increase in
the public's welfare, health or safety attributable to the applicant's
combined use of the vacated right-of-way and the properties contiguous
to it.
F.
On a case-by-case basis, the city council may determine that the
vacated right-of-way shall not be used by the applicant or its successor
to satisfy any development or building requirements associated with
the contiguous parcel or parcels, for example to increase the development
potential of the contiguous parcel or parcels, such as an increase
in floor area ratio or lot coverage.
G.
The vacation shall not unreasonably interfere with the viability
of the remaining right-of-way nor public service easements in proximity
thereto.
H.
In order to render any one or more of the findings in this section,
the city council may impose conditions upon the vacation, including
without limitation the requirement of the applicant to pay compensation;
the requirement that the applicant release and indemnify the city
from liability, including environmental liability, and liability which
may relate to neighboring properties; the requirement that the applicant
maintain the vacated property; and the requirement that the vacation
is subject to certain defined reservations and exceptions.
(Ord. No. 1418, 10/24/2024)
To the extent the city council approves or conditionally approves
the vacation, the decision shall be made by resolution and shall be
recorded with the Riverside County Recorder together with any deeds
or other instruments which may be required by law. The property vacated
shall not be considered surplus property of the city.
(Ord. No. 1418, 10/24/2024)
A.
The city council may summarily vacate a street, or highway that has
been superseded by relocation unless the vacation would: (1) cut off
all access to a person's property, which prior to relocation
adjoined the street or highway; or (2) terminate a public service
easement unless the easement meets the criteria for summary vacation
of a public service easement.
B.
The city council may summarily vacate when the street or highway
has been impassable for vehicular travel for five years and no public
money has been expended for maintenance during that period.
C.
The city council may summarily vacate an excess right-of-way of a
street or highway if it is not required for street or highway purposes.
D.
The city council may summarily vacate a portion of a street or highway
if this portion lies within property under one ownership and does
not continue through such ownership or end touching the property of
another.
E.
The city council may summarily vacate a street or highway pursuant
to an agreement with the department of transportation pursuant to
Streets and Highways Code Section 100.2 to close a street or highway
at or near the point of its interception with a state freeway.
F.
The city council may summarily vacate public service easements in
any of the following circumstances:
1.
The easement has not been used for the purpose for which it
was dedicated or acquired for five consecutive years immediately preceding
the proposed vacation;
2.
The date of dedication or acquisition is less than five years,
and more than one year, immediately preceding the proposed vacation,
and the easement has not been used continuously since that date; or
3.
The easement has been superseded by relocation, or determined
to be excess by the easement holder, and there are no other public
facilities located within the easement.
G.
The city council shall not summarily vacate a street, highway, or
public service easement if there are in-place public utility facilities
that are in use and would be affected by the vacation.
(Ord. No. 1418, 10/24/2024)
A.
The city council may summarily vacate a street or highway by adopting
a resolution of vacation after a general plan consistency finding
by the planning department pursuant to California Government Code
Section 65402(a).
B.
The city council is not required to hold a public hearing to summarily
vacate a street or highway.
C.
The resolution of vacation must then be recorded in the Riverside
County Recorder's office. From the date of such recording the
vacation will be complete, and the street or highway will no longer
constitute a street.
(Ord. No. 1418, 10/24/2024)
