dding=0 cellspacing=0 width=100%>
Yahoo! is not affiliated with the authors of this page or responsible for its content.
STAFF REPORT


STAFF REPORT

6136 Adobe Road
Twentynine Palms, CA 92277
(760) 367-6799 ! Fax (760) 367-5400
commdev@ci.twentynine-palms.ca.us






To: Planning
Commission
From: Community Development Director
Date: December 7, 2004
RE:
PC 04-55

Application from Elizabeth H. Meyer for proposed Vacation of public right-of-way,
Sunnyslope Drive between Fuchsia Road and Sunrise Road.

RECOMMENDATION: Consider the request and formulate a recommendation to the City
Council regarding compliance with the General Plan.

BACKGROUND: On January 20, 2004, the Planning
Commission approved Tract No. 16729, a 132-lot
subdivision of the existing 40-acre parcel (APN 615-211-
09), and development of up to 132 single-family
residential units. Per the approval, the applicant for the
subdivision, Penca Capital, is required to provide an
access road via Sunnyslope Drive, connecting the
subdivision to Sunrise Road. This requirement was a
result of the traffic study that revealed that connection to
Sunrise Road was necessary to facilitate traffic
movement.
04-54 Meyer Vacation


1

However, prior to development of the access road, an
application was submitted requesting that a portion of
Sunnyslope Drive be vacated. Per Section 8313 of the
California Streets and Highways Code, vacation of a roadway requires that the City consider the
General Plan before taking action and that the action be consistent with the adopted General
Plan.
Attachments

Application for Vacation of
public right-of-way
Vicinity Map
Attachment A, applicants
assessment of proposed
traffic impacts
Attachment B, applicants
conditional grant of easement
for El Paseo Road
City Engineer
recommendation of denial

The Circulation Plan of the General Plan identifies Sunnyslope Drive as a Collector. Section V
(D) (6) on page II-22 of the Circulation Plan provides the policy statement on this matter. This
section of the Plan establishes Collectors at each quarter mile. Because Sunnyslope Drive is on a
quarter-section line, it is a Collector unless specific findings are made. The Section states:


Half-street dedication along section, half-section, quarter section and three-quarter section
lines shall be developed to the Collector standard unless designated higher on the
Circulation Plan map and shall be required as a condition of development or as a standard
of any public street project. This requirement may be reduced to the Local Street standard 04-54 Meyer Vacation


2
under the following circumstances:


a.
The modification will not adversely affect the health, safety and welfare of the
Community;


b.
Neither the improvements being waived nor the modifications authorized would
delete improvements which are a necessary prerequisite to the orderly
development of the surrounding area;

c.
The width is not necessary due to the street function being limited to minor traffic
impacts, and the street will not connect to two other Expressways, Arterials, or
Collectors.

The above findings are necessary to reduce the road from Collector to Local. To vacate the right-
of-way is to say that the roadway is not necessary at all. Because of the four-unit-per-acre
density immediately east of the subject roadway, considerable traffic generation can be expected
in the area that would utilize Sunnyslope Drive for efficient traffic movement.

In submitting the application for right-of-way vacation, the applicant states that an alternate
access, via El Paseo Drive, ¼ mile south of the subject roadway, will be dedicated to the
Collector standard. The offer of dedication for El Paseo Drive is contingent upon Citys vacation
of the Sunnyslope Drive right-of-way. Penca Capital is agreeable to relocating the access road
from Sunnyslope Drive to El Paseo Drive. Staff has no concern with the relocation of the access
road; the concern is in the vacation of an existing right-of-way. Accordingly, staff recommended
that the applicant provide the El Paseo Drive roadway dedication to accommodate the Penca
traffic. This approach would delay the development of Sunnyslope Drive connecting to Sunrise
Road but would retain the right-of-way for future use.

If Sunnyslope Drive is vacated between Fuchsia Road and Sunrise Road, a future developer will
be required to purchase the right-of-way to provide efficient circulation in the vicinity. Under
State law, the developer will pay fair market value. If the property owner refuses to sell at fair
market value, then imminent domain proceedings are initiated and the developer pays the legal
costs in addition to the fair market value. Imminent domain proceedings can cost $50,000 or
more and take nine months to a year to complete. Therefore, vacation of the right-of-way will
eventually result in additional development cost of nearby properties.

Staff has had recent discussions with two developers who are considering development of
parcels in the immediate area of the requested right-of-way vacation. Based on these discussions,
staff anticipates the likelihood of up to 170 residential units being proposed in the next few
months along the north side of Sunnyslope Drive, between Lupine Avenue and Fuchsia Road.
If/when proposed, connection of Sunnyslope Drive to Sunrise Road will be necessary to avoid
unnecessary impacts to Two Mile Road.

Staff has requested that the City Engineer review the requested Vacation. The City Engineers
recommendation for denial is attached.



04-54 Meyer Vacation


3

General Plan Consistency
To vacate the right-of-way requires a finding that the vacation is consistent with the General
Plan. Development Code Section 19.04.040 (B) states, in part:

no street shall be vacated or abandoneduntil such project has been submitted to, and
reported upon, as to conformity with the General Plan.

Because Sunnyslope Drive is identified by the General Plan as a Collector or Local Road, and
there is no provision in the General Plan for vacation of a street on a quarter-section line,
vacation of Sunnyslope Drive does not conform with the General Plan. Therefore, staff
recommends that the Planning Commission recommend Councils denial of the application.

STAFF REPORT

6136 Adobe Road
Twentynine Palms, CA 92277
(760) 367-6799 ! Fax (760) 367-5400
commdev@ci.twentynine-palms.ca.us






To: Planning
Commission
From: Community Development Director
Date: December 7, 2004
RE:
PC 04-52

Chapter 19.66 Commercial Vehicle Parking.

RECOMMENDATION: Review recommended changes and provide staff direction on setting
the revised Chapter for adoption.

BACKGROUND: The Planning Commission held November 2
and November 16, 2004 Study Sessions to review the
Development Code and consider a variety of amendments.
Following the November 16
th
discussion, amendment to Chapter
19.66, to provide an exception for on call emergency vehicles,
was continued. David Bailey of Baileys Auto Repair stated that he would prepare a draft for the
Commissions consideration and present it to the Commission at the meeting. As directed by the
Planning Commission, the text from the November 16, 2004 meeting is provided below.
Additionally, staff is recommending a provision to require a CUP for truck parking in the CO,
CG, CN and CT land use districts; this is discussed in more detail below.
Attachments

DC Chapter 19.66

19.66 Commercial Vehicle Parking
Chapter 19.66 of the Code establishes standards for parking commercial vehicles (trucks) in the
RS and RM land use district. The regulations were adopted by the City on July 9, 1991 and
codified into the updated code as Chapter 19.66 last year. The Purpose of the Chapter is in
Section 19.66.010, which states:

The purpose of this chapter is to prohibit the parking or standing of commercial vehicles
having an unladen vehicle weight of 10,000 pounds or more in RS or RM classified
residential districts or on any adjacent city street or right-of-way, except for existing
vehicles which must obtain a permit and meet various requirements.

Restrictions contained in Section 19.66.020 make it unlawful to park a commercial vehicle
having an unladen vehicle weight of 10,000 pounds or more on private property or on City
streets in the RS or RM land use district. Section 19.66.030 provides an exception for deliveries
and pick-ups and Section 19.66.040 provided a means for vehicles that were parked in residential
areas at the time of adoption (1991); subject to an annual renewal of a Home Occupation Permit.
Two such permits were issued and remain active.

04-52 DC UpdateSS3


1 04-52 DC UpdateSS3


2
In response to a citizen inquiry, the Planning Commission began the discussion on modifying the
chapter to create an exception for tow trucks. Staff recommends that the following section be
added to Chapter 19.66:

Exception for Emergency On-call Vehicles
This Chapter shall