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HomeMy WebLinkAboutItem No. 5CITY OF LADE TO: FROM: DATE: LSI ORE DREAM EXTREMEw REPORT TO PLANNING COMMISSION HONORABLE CHAIRMAN AND MEMBERS OF THE PLANNING COMMISSION RICHARD MACHOTT, ACTING PLANNING MANAGER DECEMBER 18, 2012 PREPARED BY: KEN A. SEUMALO, DIRECTOR OF PUBLIC WORKSICITY ENGINEER SUBJECT: GENERAL PLAN CONFORMITY OF THE SUMMARY STREET VACATION FOR A PORTION OF THE RIGHT -OF- WAY KNOWN AS "NICHOLS ROAD" APPLICANT: CITY OF LAKE ELSINORE: 130 SOUTH MAIN STREET, LAKE ELSINORE, CA 92530 Project Request The Applicant is proposing a Summary Street Vacation of a portion of Nichols Road ( "the Vacation Segment") right -of -way lying between Northbound 1 -15 and the City Boundary. It is excess Right of Way, and the request for vacation is concurrent with a dedication of Right of Way, with the intention being a Right of Way alignment. The Vacation Segment exists only on paper and all adjacent parcels have access to the surrounding public right - of -way. Proiect Location & Siting The Vacation Segment is located between the 1 -15 and the eastern boundary of the City, bordered on the north by APN 389 - 200 -024 and west by APN 389 - 200 -023. Proiect Background A Summary Vacation of a portion of the right -of -way known as Nichols Road within the incorporated limits of the City of Lake Elsinore. The excess portion of right -of -way is held in fee title by the City of Lake Elsinore. PC December 18, 2012 Item No. 5 Page 1 of 8 Summary Vacation Portion Nichols Road December 18, 2012 Page 2 of 2 Analysis The Vacation Segment exists as a paper street; the proximity of the alignment next to a steep ravine makes it unsuitable for development as right -of -way and it is no longer necessary to provide access to the adjacent parcels. Additional Right of Way following the current location of the street has been dedicated. All existing lots in the vicinity have access to Public Right -of -Way; and Staff is in agreement with this request. Recommendation Staff recommends that the Planning Commission: Adopt Resolution No. 2012- finding that the Summary Vacation of Nichols Road as described on the attached Plat Map and Legal Description conforms to the Lake Elsinore General Plan; and 2. Direct staff to forward a copy of this report and the Planning Commission Resolution to the City Council for consideration. Prepared By: Ken A. Seumalo, Director of Public fIrks, City Engineer Approved By: Warren Morelion,p Former Acting Co munity Development Director Attachments: 1. Planning Commission Resolution 2012- 2. Legal Description 3. Plat Map PC December 18, 2012 Item No. 5 Page 2 of 8 RESOLUTION NO. 2012- A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LAKE ELSINORE, CALIFORNIA, RECOMMENDING THAT THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE ADOPT FINDINGS THAT THE SUMMARY VACATION OF A PORTION OF NICHOLS ROAD CONFORMS TO THE CITY'S GENERAL PLAN CIRCULATION ELEMENT WHEREAS, Castle and Cooke Lake Elsinore Outlet Centers Inc, has filed an application with the City of Lake Elsinore requesting the vacation of a portion of Nichols Road right -of -way located between Interstate 15 and the Eastern City Boundary adjacent to APN 389 - 200 -024 and 389 - 200 -023; and WHEREAS, the Planning Commission of the City of Lake Elsinore has been delegated with the responsibility of making recommendations to the City Council regarding whether a street vacation conforms to the City's General Plan Circulation Element; and WHEREAS, notice of the Project has been given, and the Planning Commission has considered evidence presented by the Engineering Division and other interested parties at a public meeting held with respect to this item on December 18, 2012. NOW THEREFORE, THE PLANNING COMMISSION OF THE CITY OF LAKE ELSINORE DOES HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS: SECTION 1. The Planning Commission hereby finds and determines that the portion of Nichols Road referenced above is excess right -of -way and the vacation of that portion of the public street conforms to the City's General Plan Circulation Element. SECTION 2. The Planning Commission finds and determines that the Project is categorically exempt from the California Environmental Quality Act (Cal. Pub. Res. Code §§ 21000 et seq.: "CEQX) and the State Guidelines for Implementation of CEQA (14 C.C.R. §§ 15000 et seq.: the "CEQA Guidelines ") pursuant to a Class 1 exemption for existing facilities because the Project involves the vacation of a portion of a street which involves negligible or no expansion of use. (14 C.C.R. § 15301.) PC December 18, 2012 Item No. 5 Page 3 of 8 PLANNING COMMISSION RESOLUTION NO. 2007- PAGE 2 OF 2 SECTION 3. Based upon all of the evidence presented and the findings above, the Planning Commission hereby recommends that the City Council find that the vacation of that portion of Nichols Road referenced above is consistent with the City's General Plan Circulation Element. SECTION 4. This Resolution shall take effect from and after the date of its passage and adoption. PASSED, APPROVED AND ADOPTED this 18th day of December, 2012 by the following vote: ATTEST: Richard MacHott Acting Planning Manager Richard Morsch, Chairman City of Lake Elsinore PC December 18, 2012 Item No. 5 Page 4 of 8 EXHIBIT "A" LEGAL DESCRIPTION OF NICHOLS ROAD RIGHT OF WAY (LOT "D ") VACATION IN THE CITY OF LAKE ELSINORE, COUNTY OF RIVERSIDE STATE OF CALIFORNIA Being Lot "D" of Parcel Map 25638, in the City of Lake Elsinore, County of Riverside, State of California, as per Map Recoded in Book 176, pages 82 through 86, inclusive, of Parcel Maps, lying within Section 25, Township 5 South, Range 5 West, San Bernardino Base and Meridian, being more particular described as follows: COMMENCING at the Northeast corner of said Section 25, thence southerly along the east line of said Section 25, South 00 045'27" West, a distance of 1983.20 feet to the most southerly corner of said Lot "D ", said point also being the TRUE POINT OF BEGINNING, said point also being the beginning of a non - tangent curve concave northerly and having a radius of 2060.00 feet, a radial bearing to said point bears South 02 000'07" West; Thence the following six courses along the southerly right of way of said Lot "D" Thence westerly along said non - tangent curve, leaving said east line, through a central angle of 12 108'49 ", an arc distance of 436.73 feet to the beginning of a tangent line; Thence westerly along said tangent line, North 75 °51'04" West, a distance of 629.15 feet to the beginning of a tangent curve concave southerly and having a radius of 1940.00 feet; . Thence westerly along said tangent curve, through a central angle of 25 106'30 ", an arc distance of 850.15 feet to the beginning of a non - tangent line, a radial bearing to said point bears North 10 057'34" West; Thence northerly along said non - tangent line, North 08 000'20" East, a distance of 60.00 feet to the beginning of a non - tangent curve concave southerly and having a radius of 530.00 feet, a radial bearing to said point bears North 08 °00'20" East; Thence westerly along said non - tangent curve, through a central angle of 21 °00'13 ", an arc distance of 194.29 feet to a point lying on the easterly right of way of Interstate 15 Freeway, as shown on said Parcel Map 25638; Thence westerly along said easterly line of Interstate 15 Freeway, North 73 056'28" West, a distance of 72.06 feet to the most westerly corner of said Lot "D'; Thence the following six courses along the northerly right of way of said Lot "D" Thence, North 77 000'07" East, a distance of 296.44 feet to an angle point; Thence, South 12 059'53" East, a distance of 5.00 feet to an angle point; Page 1 of 2 PC December 18, 2012 Item No. 5 Page 5 of 8 Thence, North 77 000'07" East, a distance of 831.08 feet to the beginning of a tangent curve concave southerly and having a radius of 2060.00 feet; Thence easterly along said tangent curve, through a central angle of 27 008'49 ", an arc distance of 976.04 feet to the beginning of a tangent line; Thence easterly along said tangent line, South 75 051'04" East, a distance of 629.15 feet to the beginning of a tangent curve concave northerly and having a radius of 1940.00 feet; Thence easterly along said tangent curve, through a central angle of 12 004'12 ", an arc distance of 408.68 feet to a point lying on the said east line of Section 25, a radial bearing to said point bears South 02 004'44" West; Thence southerly along said east line, South 00 045'27" West, a distance of 120.03 feet to the said TRUE POINT OF BEGINNING. Said dedication contains 268,741 square feet or 6.17 acres more or less. Subject to: covenants, conditions, restrictions, reservations, easements and right -of -ways of record, if any As shown on Exhibit "B" attached hereto and made a part hereof. KWC ENGINEERS CIVIL ENGINEERS • PLANNERS • SURVEYORS No, 26923 Kenneth W. Crawf rd, Jr Dater Exp. 3-31-13 R.C.E. 26928 Expires 3 -31 -13 e p s� C9i41%L' June 21, 2012 OF CFa4�F�4 KWC /KWC /tmc RM 1 \1305 \SURVEY\LEGALS \1305 VACATION.docx Page 2 of 2 PC December 18, 2012 Item No. 5 Page 6 of 8 ( d a 6 @GaEe E*& \k? # S 3 U. $ / k\ ® \ t� o j ° § M : en e * > � U-1 qH §e % / % m(§ . ¥ �k , Ill 6 § j �. & �\ / J J am. a6 00, w 4 ® 0 ^ a ® Sx' _e � / $ d � � ~ - /e. § If } / o LU ` ) � 2 J )e \ % / ( ®° W / ® \\ / / e . .� k k ()) ® ® ^ \ wl )r � ; \ ! 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