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HomeMy WebLinkAboutPC Reso No 2014-39RESOLUTION NO. 2014-39 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 GENERAL VACATION FOR STREET RIGHT -OF -WAY AND PORTIONS OF PUBLIC UTILITY EASEMENTS ADJACENT TO LOT "H" AND LOT "R" WITHIN TRACT 36115 -1 CONFORMS TO THE CITY'S GENERAL PLAN CIRCULATION ELEMENT WHEREAS, Pardee Homes has filed an application with the City of Lake Elsinore requesting the vacation of street right -of -way and portions of Public Utility Easements adjacent to the right -of -way portion of Lot "H" (Obaria Way) and Lot "R" (Hermosa Drive) of Tract 36115 -1, reserving an easement 5.00 feet wide for public utility and water purposes; 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, on September 2, 2014 at a duly noticed public hearing, the Planning Commission considered evidence presented by the Community Development Department and other interested parties with respect to this item. 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 public utility easements adjacent to the right -of -way for a portion of Lot "H" (Obaria Way) and Lot "R" (Hermosa Drive) of Tract 36115 -1 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.: "CEQA ") and the State Guidelines for Implementation of CEQA (14 C.C.R. §§ 15000 et seq.: the "CEQA Guidelines ") pursuant to the CEQA Guidelines Section 15301 (Class 1 — Existing Facilities) exemption for existing facilities because the Project involves the vacation of a portion of a street which involves negligible or no expansion of use. 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 street right -of -way and portions of Public Utility Easements adjacent to the right -of -way portion of Lot "H" (Obaria Way) and Lot "R" (Hermosa Drive) of Tract 36115 -1 referenced above is consistent with the City's General Plan Circulation Element. PLANNING COMMISSION RESOLUTION NO. 2014 -39 PAGE 2OF3 SECTION 4. This Resolution shall take effect from and after the date of its passage and adoption. PASSED, APPROVED, AND ADOPTED on the second day of September, 2014. John Gray, hairman City of Lake Elsinore Planning Commission ATTEST: Richard J. MacHott, LEED Green Associate Planning Manager PLANNING COMMISSION RESOLUTION NO. 2014 -39 PAGE 3OF3 STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF LAKE ELSINORE ) I, Richard J. MacHott, Planning Manager of the City of Lake Elsinore, California, hereby certify that Resolution No. 2014 -39 was adopted at a regular meeting of the Planning Commission of the City of Lake Elsinore on the second day of September, 2014, by the following roll call vote: AYES: Chairman Gray, Vice Chair Jordan, and Commissioner Blake NOES: None ABSTAIN: None ABSENT: Commissioner Armit, Commissioner O'Neal Richard J. MacHott, LEED Green Associate Planning Manager