AGENDA ITEM #
STAFF REPORT
TO: Mayor and the City Council DATE: March 6, 2025
FROM: Ryan Stendell, Assistant City Manager
SUBJECT: Summary Vacation Proceedings for an Approximately 0.181 Acres of Public Service Easement Within the Cotino Development, Positioned Immediately South of Prismatic Boulevard and Wisteria Vine Drive Intersection
SPECIFIC REQUEST OR RECOMMENDATION
That the City Council Adopt Resolution No. 2025-(Next-in-Order), Summarily Vacate Excess Public Service Easement positioned on approximately 0.181 acres, generally located immediately south of the Prismatic Boulevard and Wisteria Vine Drive intersection. (Subject to final review and approval of the City Engineer and City Attorney)
JUSTIFICATION OR INFORMATION
BACKGROUND:
The Public Works Department received a request from the owners of real property within the Cotino Development requesting the City summarily vacate a small private roadway that is not being used. The process of abandoning an easement is through a summary vacation. The City Council has authority to accept or dispose of real property or easements over real property.
The approximate 0.181 excess public utility easement was irrevocably dedicated to the City on Tract Map No. 38291 in July of 2023 (the “Excess Public Utility Easement”). The original purpose of this easement was for an internal private roadway that has been removed. Because roadways (private and public) are shown on Tract Maps the developer needs to remedy this prior to being able to use the land for another purpose.
Public services easements are eligible for summary vacation in accordance with California Streets and Highways Code Section 8333 of the Public Streets, Highways, and Service Easements Vacation Law (Sts. & Hwys. Code §§8300 et. seq.). The City Engineer has determined the Excess Public Utility Easement is excess in that it is no longer necessary for its intended public purpose and there are no other public facilities located within the easement; and the date of dedication or acquisition is less than 5 years, and more than 1 year, immediately preceding this proposed vacation, and the easement has not been used continuously since that date.
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DATE: March 6, 2025 Page 2 of 2
Summary Vacation of Public Service Easement
JUSTIFICATION OR INFORMATION CONTINUED:
AGENDA ITEM #
Upon City Council approval of the summary vacation, City Engineer and City Attorney shall finalize all relevant documentation, and the Resolution and requisite documents shall be recorded in accordance with applicable law.
ENVIRONMENTAL INFORMATION:
The vacation is exempt from CEQA pursuant to Section 15061 (b)(3) of the CEQA Guidelines which states in part “...CEQA applies only to projects that have the potential for causing a significant effect on the environment. 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.” Further, the proposed vacation is categorically exempt pursuant to Sections 15304 (Class 4) (Minor Alterations to Land) and 15305 (Class 5) (Minor Alterations in Land Use Limitations) of the State CEQA Guidelines.
The vacation does not have the potential for causing a significant effect on the environment.
ATTACHMENT(S):
1. Draft Resolution
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ATTACHMENT 1
DRAFT RESOLUTION
(SEE ATTACHED)
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1 RESOLUTION NO. 2025-____
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO MIRAGE, CALIFORNIA, SUMMARILY VACATING APPROXIMATELY 0.181 ACRES OF PUBLIC
SERVICE EASEMENT, GENERALLY LOCATED IMMEDIATELY SOUTH OF
PRISMATIC BOULEVARD AND WISTERIA VINE DRIVE INTERSECTION
WHEREAS, the City of Rancho Mirage (“City”) is a charter City, and recognized for certain purposes as a political subdivision of the state; and
WHEREAS, the City has identified as excess public services easement approximately .181 acres over Lot “AT” and the five (5) feet and varying width public utility easement along and adjacent to said Lot “AT” identified on Tract Map No. 38291 (“Excess Public Utility Easement”), which is described and depicted more fully in the exhibits attached hereto, incorporated herein by this reference; and
WHEREAS, the property owners ECRM RESIDENTIAL, LP, A DELAWARE LIMITED PARTNERSHIP have requested the City summarily vacate the Excess Public Service Easement; and
WHEREAS, the Excess Public Utility Easement was irrevocably dedicated to the City as set forth on Tract Map No. 38291; and
WHEREAS, the City may dispose of an irrevocable offer of dedication through summary vacation procedures (Government Code 7050); and
WHEREAS, certain public service easements are eligible for summary vacation in accordance with California Streets and Highways Code Section 8333 of the Public Streets, Highways, and Service Easements Vacation Law (Streets & Highways Code §§8300 et. seq.); and
WHEREAS, California Streets and Highways Code Section 8335 provides that the City Council, as the City’s legislative body, may summarily vacate public service easements by adopting a resolution of vacation in compliance with the requirements set forth therein; and
WHEREAS, the City Engineer has determined the Excess Public Service Easement is excess in that it is no longer necessary for its intended public purpose and there are no other public facilities located within the easement; and the date of dedication or acquisition is less than 5 years, and more than 1 year, immediately preceding this proposed vacation, and the easement has not been used continuously since that date; and
WHEREAS, the proposed summary vacation and quitclaim is exempt from the provisions of the California Environmental Quality Act because there is no possible significant effect directly related to the action, and therefore no further action is required under CEQA pursuant to the “common sense” exemption set forth in Section 15061(b)(3) of the State CEQA Guidelines because the vacation does not disturb the physical 2-4
2 environment and any further development of any portion of the Excess Public Utility Easement is subject to future approvals and environmental analysis; and is categorically exempt pursuant to Sections 15304 (Class 4) (Minor Alterations to Land), and 15305 (Minor Alterations in Land Use Limitations). The City Council has reviewed the project and based upon the whole record before it, in the exercise of its independent judgment and analysis, concurs that it can be seen with certainty that there is no possibility the action may have a significant effect on the environment, and that it meets the above referenced Categorical Exemptions; and
WHEREAS, the City desires to summarily vacate and quitclaim the Excess Public Services Easement, under authority of the Public Streets, Highways, and Service Easements Vacation Law.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RANCHO MIRAGE DOES RESOLVE, AS FOLLOWS:
Section 1. Recitals.
That the recitals set forth above are true and correct and are incorporated herein by this reference.
Section 2. Resolution of Vacation.
That the Excess Public Services Easement, the legal description and depiction of which are attached hereto and incorporated herein by this reference as Exhibit “A” and Exhibit “B,” respectively, is hereby vacated pursuant to the Public Streets, Highways, and Service Easements Vacation Law (Streets & Highways Code §§8300 et. seq.).
Section 3. Recordation of Resolution.
That in accordance with Streets and Highways Code Section 8336, the City Clerk is hereby directed to cause a certified copy of this Resolution, attested by her under seal, to be recorded in the Recorder’s Office of the County of Riverside without acknowledgment, certificate of acknowledgment, or further proof.
Section 4. Further Actions.
That the City Council hereby authorizes the Director of Public Works and/or its designee to take all further actions to effectuate this Resolution.
Section 5. Severability.
That the City Council declares that, should any provision, section, paragraph, sentence or word of this Resolution be rendered or declared invalid by any final court action in a court of competent jurisdiction or by reason of any preemptive legislation, the remaining provisions, sections, paragraphs, sentences or words of this Resolution as hereby adopted shall remain in full force and effect.
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3 Section 6. Repeal of Conflicting Provisions.
That all the provisions heretofore adopted by the City Council that are in conflict with the provisions of this Resolution are hereby repealed.
Section 7. Effective Date.
That this Resolution shall take effect upon its adoption.
Section 8. Certification.
That the City Clerk shall certify the passage of this Resolution and enter it into the book of original resolutions.
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4 PASSED AND ADOPTED THIS ___ day of ______, 2025.
___________________________
Ted Weill
Mayor
ATTEST:
____________________________
Kristie Ramos
City Clerk
APPROVED AS TO FORM:
____________________________
Colin D. Kirkpatrick
City Attorney
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5 EXHIBIT “A”
LEGAL DESCRIPTION OF EXCESS PUBLIC UTILITY EASEMENT
(SEE ATTACHED)
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6 EXHIBIT “B”
DEPICTION OF EXCESS PUBLIC UTILITY EASEMENT
(SEE ATTACHED)
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