HomeMy WebLinkAboutResolution 2021-41 Summary Vacation Public Utility Easement
RESOLUTION NO. 2021-41
RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LAKE
ELSINORE, CALIFORNIA, FINDING THAT THE SUMMARY VACATION OF
PUBLIC UTILITY EASEMENT FOR UNNAMED ALLEYS WITHIN BLOCKS 1 AND
2 OF TERRA COTTA CITY MAP CONFORMS TO THE CITY OF LAKE ELSINORE
GENERAL PLAN
Whereas, Alberhill Development, LLC has filed an application with the City of Lake
Elsinore (City) requesting the vacation of public utility easements within the Alberhill Ranch
development proposed for residential development, located 1000 feet south of the Nich ols Road
and Terra Cotta Road intersection, more particularly described as: All those unnamed alleys
shown 15 feet and 23 feet wide lying within Blocks 1 and 2 of Terra Cotta City, as shown on a
map of Terra Cotta City on file in Book 4, page 212 of Maps, Records of San Diego County,
California;
Whereas, the Planning Commission (Commission) of the City has been delegated with
the responsibility of making recommendations to the City Council regarding whether a public
easement vacation conforms to the City’s General Plan;
Whereas, Staff has determined that alleyways area of the Public Utility Easement to be
vacated has not and will not be u sed for any public purpose;
Whereas, California Streets and Highways Code (CSHC) Section 8333(a) provides that
the legislative body of a local agency, or any public officer or employee authorized by the
legislative body as provided in subdivision (a) of Section 8335, may summarily vacate a p ublic
service easement if the easement has not been used for the purpose for which it was dedicated
or acquired for five consecutive years immediately preceding the proposed vacation; and
Whereas, the vacation of said public utility easement 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 vacation of the
Public Utility Easements of the unnamed alleys located within Blocks 1 and 2 of the Terra Cotta
City Map 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.)
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 the said Public
Utility Easements of unnamed alleys referenced above is consistent with the City’s General Plan.
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PC Reso. No. 2021-41
Page 2 of 2
Section 5: This Resolution shall take effect from and after the da te of its passage and
adoption.
Passed and Adopted on this 21st day of September 2021.
John Gray
Chair
Attest:
_________________________FOR:__
Justin Kirk
Assistant Community Development Director
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss.
CITY OF LAKE ELSINORE )
I, Justin Kirk, Assistant Community Development Director of the City of Lake Elsinore, California,
hereby certify that Resolution No. 2021 -41 was adopted by the Planning Commission of the City
of Lake Elsinore at a regular meeting held on the 21 st day of September 2021, and that the same
was adopted by the following vote:
AYES: Commissioners Peters and Carroll; Vice Chair Dobler; and Chair Gray
NOES:
ABSENT: Commissioner Klaarenbeek
ABSTAIN:
_________________________FOR:
Justin Kirk
Assistant Community Development Director
Docusign Envelope ID: 801220F4-5DEB-4CE9-A102-7843AEBF6EAE