HomeMy WebLinkAboutItem No. 16 Vacation of Pub Alley Bet Main and EllisText File
City of Lake Elsinore 130 South Main Street
Lake Elsinore, CA 92530
www.lake-elsinore.org
File Number: ID# 16-359
Agenda Date: 8/23/2016 Status: Public HearingVersion: 1
File Type: ReportIn Control: City Council
Agenda Number: 16)
Page 1 City of Lake Elsinore Printed on 8/18/2016
REPORT TO CITY COUNCIL
TO:HONORABLE MAYOR
AND MEMBERS OF THE CITY COUNCIL
FROM:GRANT M. YATES
CITY MANAGER
DATE: AUGUST 23, 2016
SUBJECT:Introduce A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF LAKE ELSINORE, CALIFORNIA, DECLARING ITS INTENTION
TO VACATE A PORTION OF A PUBLIC ALLEY BETWEEN MAIN
AND ELLIS STREET, NORTH OF FLINT STREET
Recommendations:
Staff recommends that the City Council:
1. Adopt Resolution No. 2016-_______; A resolution of the City Council of the
City of Lake Elsinore, California declaring its intention to vacate a portion of a
public alley between Main and Ellis street, north of Flint Street and authorizing
the processing of a Quit Claim.
2. Set a public hearing for September 13, 2016 for consideration of the
proposed vacation of a public alley between Main and Ellis street, north of
Flint Street
Background
The Applicant is proposing a General Street Vacation of a portion of alley way (“the
Vacation Segment”) lying between Main Street and Ellis Street, north of Flint Street,
bordered on the east by APN 377-243-017 and on the west by APN 377-243-001. The
Vacation Segment is not generally used by the public for street purposes and is not a
City maintained road. However, the Vacation Segment was previously dedicated to the
City in connection with the subdivision of that area. The Vacation Segment will not
impact any of the adjacent parcels which also have access to the surrounding public
right-of-way.
Discussion
Velo Corinthians Limited Partnership is requesting a vacation of an unimproved alley
that lies between their two properties. The Vacation Segments is excess right-of-way.
General Street Vacation
August 23, 2016
Page 2
The Vacation Segment exists as a paper street; the proximity of the alignment next to
the SB I-15 on ramp makes it unsuitable for development as right-of-way and it is no
longer necessary to provide access to the adjacent parcels. Furthermore, the subject
property is not identified as a roadway in the General Plan. All existing lots in the vicinity
have access to a public right-of-way, therefore no parcels would become land locked
through the vacation of the street. The alley will remain available as a secondary
access to adjacent property owners. A reservation for utilities will be kept over the
vacated area. Planning Commission found the vacation in conformance with the
General Plan, and approved the general vacation on June 7
th, 2016 per Planning
Commission Resolution 2016-41.
Fiscal Impact
There is no fiscal impact with the proposed vacation of street right of way.
Prepared by: Dina Purvis
Senior Engineering Technician
Approved by: Brad Fagrell
City Engineer
Approved by: Grant M. Yates
City Manager
Exhibits:
A.City Council Resolution 2016- _____
B.Vicinity Map
C.Planning Commission Resolution 2016-41 approved June 7, 2016
RESOLUTION NO. _______
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
LAKE ELSINORE, CALIFORNIA, DECLARING ITS INTENTION
TO VACATE A PORTION OF THE ALLEY LYING BETWEEN
MAIN STREET AND ELLIS STREET, NORTH OF FLINT
STREET, AND AUTHORIZING THE PROCESSING OF A QUIT
CLAIM
WHEREAS, an application has been filed to vacate for public street purposes a portion of the
alley lying between Main Street and Ellis Street and North of Flint Street; and,
WHEREAS, the alley presently has a right-of-way width of fifteen (15) feet in the vicinity of the
area proposed to be vacated; and,
WHEREAS, the City Engineer has reviewed the plat maps and determined that the excess
right-of-way is not needed for present or future street purposes; and,
WHEREAS, the proposed vacation is in accordance with the Growth Management Policies and
is consistent with the General Plan of the City.
NOW, THEREFORE, BE IT RESOLVED, THAT THE CITY COUNCIL OF THE CITY OF LAKE
ELSINORE, CALIFORNIA AS FOLLOWS:
SECTION 1.That the above recitations are true and correct.
SECTION 2.It is said Council’s intention to vacate, for public street proposes, an alley as
described in Exhibit A Legal Description and shown for the sake of clarity on Exhibit B Plat Map.
SECTION 3.It also shall be said Council’s intention to conduct the proceedings for this street
vacation under the California Streets and Highways Code, Division 9, Part 3, Chapter 3.
SECTION 4.It also shall be said Council’s intention to reserve and exempt from these
proceedings an easement for public utility purposes.
SECTION 5.A Public Hearing shall be held at the City Council Chambers at 183 North Main
Street, Lake Elsinore, California at 7:00 P.M. on September 13th, 2016 for all persons interested
in or objecting to said proposed vacation.
SECTION 6.BE IT FURTHER RESOLVED that the City Clerk is instructed to publish this
resolution of intention in the local newspaper and post such notices along the site in
accordance with the California Streets and Highways Code.
PASSED AND ADOPTED at a Regular meeting of the City Council of the City of Lake Elsinore,
California, held on August 23, 2016.
Brian Tisdale, Mayor
ATTEST:
Susan M. Domen, MMC
City Clerk
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss.
CITY OF LAKE ELSINORE )
I, Susan M. Domen, MMC, City Clerk of the City of Lake Elsinore, California, do hereby certify
that Resolution No. 2016-___ was adopted by the City Council of the City of Lake Elsinore,
California, at the Regular meeting of August 23, 2016, and that the same was adopted by the
following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Susan M. Domen, MMC
City Clerk
I-15
MAIN STFLINT ST
ELLIS STSPRING STI-15 SBON
POTTERY ST
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LOOKOUT STGRANITE STI-1
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MAIN STFLINT ST
ELLIS STSPRING STI-15 SBON
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I-15 NBOFF
LOOKOUT STGRANITE STI-1
5 S
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MINTHORN ST
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VICIN ITY MAP
Proposed Vacation
RESOLUTION NO.2016-41
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LAKE
ELSINORE, CALIFORNIA, RECOMMENDING THAT THE CITY COUNCIL OF
THE CITY OF LAKE ELSINORE, CALIFORNIA, ADOPT FINDINGS THAT THE
GENERAL VACATION OF A PORTION OF AN ALLEY STREET CONFORMS
TO THE CITY'S GENERAL PLAN CIRCULATION ELEMENT
WHEREAS, Tom Boussiacos, acting on behalf of owner Velo Corinthians LP, has
filed an application with the City of Lake Elsinore requesting the vacation of a portion of
an alley righlof-way located between Main Street and Ellis Street adjacent to APN 377-
243-001 and 377-243-017; and
WHEREAS, prior to the vacation of a street by the City Council, the Planning
Commission of the City of Lake Elsinore must report to the City Council regarding whether
a street vacation conforms to the City's General Plan Circulation Element; and
WHEREAS, notice of the Planning Commission's consideration of the proposed
vacation 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 June 7,2016.
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 the alley 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
SS 21000 et seq.: 'CEOA ) and the State Guidelines for lmplementation of CEOA (14
C C R. SS 15000 ef seg.: 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. S 15301 )
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 alley way 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.
vote:
PASSED, APPROVED AND ADOPTED this 7th day of June, 20'16 by the following
PLANNING COMMISSION
PAGE 2 OF 2
RESOLUTION NO.2016-41
STATE OF CALIFORNIA
COUNTY OF RIVERSIDE
CITY OF LAKE ELSINORE
l, Justin Kirk, Principal Planner of the City of Lake Elsinore, California, hereby certify that
Resolution No. 2016-41 as adopted by the Planning Commission of the City of Lake
Elsinore at a regular meeting held on the 7th day of June 2016, and that the same was
adopted by the following vote.
AYES: Chairman Jordan, Vice Chair Armit, Commissioner Gray and
Commissioner Ray
NOES: None
ABSTAIN: None
ABSENT: None
}SS
City of Lake Elsinore Planning Commission
Justin