HomeMy WebLinkAbout0004_1_Nichols Road Vacation - SR
REPORT TO PLANNING COMMISSION
To: Honorable Chairman and Members of the Planning Commission
From: Damaris Abraham, Planning Manager
Prepared by: Yu Tagai, Senior Engineer
Date: October 18, 2022
Subject: General Plan Conformity Determination for Proposed Street Vacation of a
Portion of Nichols Road
Owner: City of Lake Elsinore
Recommendation
Adopt A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LAKE ELSINORE,
CALIFORNIA, FINDING THAT THE SUMMARY VACATION OF A PORTION OF NICHOLS
ROAD CONFORMS TO THE CITY’S GENERAL PLAN.
Project Location
The project site is located on Nichols Road at the southeastern quadrant of Interstate 15 and
Nichols Road interchange.
Background
On Parcel Map 37465 (Recorded Instrument No. 2019-0396737), right-of-way (designated as
Roadway Easement Parcel “A” and Roadway Easement Parcel “B” on the map) is dedicated to
public use for street purposes. The dedication was offered due to the existing roadway being built
outside the ultimate road right-of-way. Meritage Homes of California, Inc. (Meritage) has filed an
application requesting the City to vacate this portion of Nichols Road as the roadway easements
traverses through Meritage’s project site. The vacation of the roadway easements will remove
encumbrances from the title and would allow Meritage to improve the property. Furthermore,
ultimate Nichols Road right-of-way has been dedicated for street and public utility purposes on
Parcel Map 37465 where Meritage will construct ultimate half-width improvements as part of
residential tract development off-site improvements.
California Street and Highways Code Section 8330(a) provides that the legislative body of a local
agency may summarily vacate a street or highway that has been superseded by relocation. Due
to realignment of Nichols Road, Staff has determined that the portion of Nichols Road is not part
of the ultimate realignment and will not be required for street or highway purposes. That portion
of Nichols Road may therefore be vacated by City Council.
Summary Vacation Portion of Nichols Road
PC: October 18, 2022
Page 2 of 2
Analysis
Prior to City Council action, the Planning Commission must first determine if the vacation is in
conformity with the adopted General Plan (Government Code Section 65402). The General Plan
does not designate the portion of Nichols Road under consideration as a roadway and it is not
within the ultimate right-of-way of Nichols Road.
Staff therefore recommends that the Planning Commission find that the vacation of Nichols Road
as set forth herein is in conformity with the current General Plan for the City of Lake Elsinore.
Exhibits
A – PC Resolution
B – Plat Map of Vacated Area