HomeMy WebLinkAbout0004_2_Nichols Road Vacation - Exhibit A - PC ResolutionRESOLUTION NO. 2022-___
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
Whereas, Meritage Homes of California, Inc. (Meritage) has filed an application with the
City of Lake Elsinore (City) requesting the vacation of a portion of Nichols Road along the northern
boundary of the Nichols Ranch Residential Tract Development, located in the southeast quadrant
of Interstate 15 and Nichols Road interchange; and,
Whereas, the Planning Commission (Commission) of the City 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, Nichols Road easements were dedicated to public for street purposes on Parcel
Map 37465 to accommodate the existing roadway; and,
Whereas, the right-of-way for ultimate alignment of Nichols Road has been dedicated to
the City on Parcel Map 37465; and,
Whereas, the realignment and ultimate half-width of improvements of Nichols Road will
be constructed by Meritage; and,
Whereas, Staff has determined the right-of-way along said portion of Nichols Road is
superseded by relocation; and,
Whereas, California Streets and Highways Code (CSHC) 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superseded by relocation; and,
Whereas, the vacation of the right of way along existing Nichols Road will remove
encumbrances from the title, thereby allowing the affected property owner to improve said
portions of the property.
NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF LAKE
ELSINORE, CALIFORNIA, DOES HEREBY RECOMMEND AS FOLLOWS:
Section 1: The above recitals are true and correct and are incorporated herein.
Section 2: The Planning Commission hereby finds and determines that the vacation of
the portion of Nichols Road conforms to the City’s General Plan.
Section 3: The Commission finds and determines that the proposed vacation 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 a Class 1 exemption for existing facilities
because it involves the vacation of a portion of a street which involves negligible or no expansion
of use. (14 C.C.R. § 15301.)
PC Reso. No. 2022-___
Page 2 of 2
Section 4: 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.
Section 5: This Resolution shall take effect immediately upon its adoption.
Passed and Adopted on this 18th day of October, 2022.
Matthew Dobler, Chairman
Attest:
___________________________________
Damaris Abraham,
Planning Manager
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss.
CITY OF LAKE ELSINORE )
I, Damaris Abraham, Planning Manager of the City of Lake Elsinore, California, hereby certify that
Resolution No. 2022-__ was adopted by the Planning Commission of the City of Lake Elsinore,
California, at a regular meeting held October 18, 2022 and that the same was adopted by the
following vote:
AYES
NOES:
ABSTAIN:
ABSENT:
Damaris Abraham,
Planning Manager