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Staff Report
City Council
Item No. 3.J
Meeting Date: January 11, 2023
From: John Corella, Director of Engineering/Public Works Title: Approval of Resolution to Summarily Vacate an Unimproved 20-foot-wide Public Alley, known as Lot “AC” of the Cath edral City Subdivision, located in the block between Cove Lane and Grove Street, east of Cathedral Canyon Drive (Vacation No. 2022-02)
City Council
RECOMMENDATION:
To approve and adopt the Resolution summarily vacating all City and public interests in an unimproved 20-foot-wide alley, described as Lot “AC” of Cathedral City, as shown on the map filed in Book 13, on Pages 24 through 26, of Maps, Records of Riverside County, located in the block between Cove Lane and Grove Street, east of Cathedral Canyon Drive.
BACKGROUND:
The map of the Cathedral City Townsite, recorded in Riverside County in 1925, created a number of lots, with streets and alleys for circulation. One of these alleys, shown on that map as Lot “AC”, is located in the block between Cove Lane and Grove Street, east of Cathedral Canyon Drive. This alley is located between Lots 120 and 121 on that block.
Prior to the renovation of the Downtown area by the former Redevelopment Agency (RDA), this block was occupied by single family and multi ple family residences and this alley was open to and used by traffic. Beginning in 1994, the RDA acquired all these lots and soon thereafter, in 1995, the existing structures were demolished, including any surfacing on the alley. Since demolition of the residences, this block has remained vacant, and the alley has remained unimproved and unused for vehicular travel.
DISCUSSION:
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In May 2015, the RDA Successor Agency conveyed its lots on this block to the City Urban Revitalization Corporation (CURC). In 2018, CURC sold 8 of these lots to the Applicant, Indio 40 Investments, LP, a California Limited Partnership. This sale included the lots on each side of the subject alley. The Applicant then applied for vacation of the alley and intends to merge the 8 v acant lots and the vacated alley into a single parcel for development.
The lots adjoining the subject alley have been vacant for years and because the alley was also unimproved and unused, Staff felt this might qualify for a summary vacation.
Staff has contacted every utility company which might have either a facility in the alley or might need its use in the future. Every utility company responded they had no facilities and had no future need of the alley. Staff also contacted our Police and Fire Departments, who responded they had no objection to the vacation of the subject alley.
Summary Vacation: The State Streets and Highways Code provides a method for summary vacation of streets and highways, which include alleys, under certain circumstances. In this case, the subject alley has been unimproved and therefore unused and impassable for vehicular traffic for at least the five years preceding this vacation application. Also, as a result, no public funds have been expended on its maintenance during that period.
For the above reasons, this vacation qualifies for Summary Vacation under Sec. 8331 of the Streets and Highways Code. The attached Resolution contains the findings required to be made under this and other sections.
Because this matter qualifies for summary vacation, the Streets and Highways code does not require a public hearing, posting of the property, publication of any notices, or the adoption of a Resolution of Intention.
Circulation: This alley is one of a series of alleys which exten ded through the original Cathedral Townsite, from north to south, extending through many of the blocks from the former Second and Third Streets, south, across East Palm Canyon Drive, all the way to “G” Street, now known as San Jacinto Road.
Most of these alleys have been vacated over the years, and some of those remaining, sometimes referred to as paseos, have been considered as possible pedestrian corridors into the Cove.
The alley (Lot “AE”) immediately north of the subject alley is paved and extends fr om Cove Lane north to East Palm Canyon Drive, but does not connect to Palm Canyon, and serves as a driveway to the parking area between two existing buildings.
The alley south of the subject alley, between Grove Street and “A” Street, (Lot “ZZ”), was vacated by the County in 1974. The alley south of that, extending from “A” Street to “B” Street, was also vacated in 1974, and is now in use as a pedestrian passageway through the Senior Center complex.
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Based on these prior alley vacations, the subject all ey, Lot “AC” would be of little value in creating a continuous pedestrian corridor.
CEQA Review : This vacation affects an alley which has been unused for public purposes since approximately 1995 and has no prospective future use.
Due to the minor nature of the vacation, staff determined it is exempt from CEQA under Sec. 15061 (3) of the CEQA Guidelines, which states that “where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA.” A finding to this effect is included in the Resolution.
Other Findings: Typically, a vacation requires a finding from the Planning Commission or City Council that follows the General Plan. However, the General Plan has no Element or section concerning public alleys. Therefore, since the General Plan does not apply, no such finding is needed. A finding to this effect is also in the Resolution.
Lastly, a finding is required in the Resolution that pursuan t to the State Streets and Highways Code, the subject alley has no use as a non -motorized (bicycle) transportation facility. Based on the General Plan Circulation and Mobility Element, no bicycle trail or recreation trail is proposed which could use this alley. Therefore, such a finding is in the Resolution.
Based on all the above, Staff recommends the adoption of the Resolution of Summary Vacation. The vacation becomes effective upon the recordation of the Resolution.
FISCAL IMPACT:
There is no fiscal impact to the city as the result of this action.
ATTACHMENTS:
Vacation 2022-02 Alley Lot AC
Vicinity Map Vacation 2022-02 Alley Lot AC
Vac 22-02 Alley Lot AC Cove-Grove Reso Summary vac