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HomeMy WebLinkAboutItem No. 2 - Proposed Street and Easement Vacation Nichols Rd to North, Pierce St to East, King Highway and Terra Cotta Rd2)General Plan Conformity Determination for Proposed Street and Easement Vacation of Certain Streets within an Area Bounded by Nichols Road to the North, Pierce Street to the East, Kings Highway to the South, and Terra Cotta Road 1.Find that the proposed project is exempt from the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15301 (Existing Facilities); and 2.ADOPT A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LAKE ELSINORE, CALIFORNIA, FINDING THAT THE VACATION OF CERTAIN STREETS AND EASEMENTS LOCATED WITHIN THE AREA BOUNDED BY NICHOLS ROAD TO THE NORTH, PIERCE STREET TO THE EAST, KINGS HIGHWAY TO THE SOUTH, AND TERRA COTTA ROAD TO THE WEST (WITHIN AN AREA COMMONLY REFERRED TO AS “STOCKDALE”) IS IN CONFORMITY WITH THE CITY’S GENERAL PLAN. Page 1 of 2 REPORT TO PLANNING COMMISSION To:Honorable Chair and Members of the Planning Commission From:Damaris Abraham, Community Development Director Prepared by:Yu Tagai, Assistant City Engineer Date:December 3, 2024 Subject:General Plan Conformity Determination for Proposed Street and Easement Vacation of Certain Streets within an Area Bounded by Nichols Road to the North, Pierce Street to the East, Kings Highway to the South, and Terra Cotta Road Applicant:KWC Engineers Recommendation 1. Find that the proposed project is exempt from the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15301 (Existing Facilities); and 2. ADOPT A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LAKE ELSINORE, CALIFORNIA, FINDING THAT THE VACATION OF CERTAIN STREETS AND EASEMENTS LOCATED WITHIN THE AREA BOUNDED BY NICHOLS ROAD TO THE NORTH, PIERCE STREET TO THE EAST, KINGS HIGHWAY TO THE SOUTH, AND TERRA COTTA ROAD TO THE WEST (WITHIN AN AREA COMMONLY REFERRED TO AS “STOCKDALE”) IS IN CONFORMITY WITH THE CITY’S GENERAL PLAN. Project Location The Stockdale site consists of an approximately 74 acres, more or less, of largely vacant land and is bounded by Nichols Road to the north, Pierce Street to the east, Kings Highway to the south, and Terra Cotta Road to the west. A general depiction of the site is attached as Attachment 2. General Plan Conformity Determination (Stockdale) Page 2 of 2 1 6 1 9 Analysis As shown on the attached depiction, the Stockdale site is encumbered by what is known as “paper streets.” A paper street is a road or street that appears only on maps and has not been used or improved for street purposes. The tract map that created these paper streets dates back to the late 1800’s. Staff has determined that these paper streets have not and will not be used for any public purpose. Those paper streets may therefore be vacated by the City Council. 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 any of the paper streets within the Stockdale site as roadways, and such paper streets have never been used as public roadways. Staff is therefore of the opinion that vacation as set forth herein is in conformity with the current General Plan for the City of Lake Elsinore. Southern California Edison (SCE) has communicated with the City and indicated that certain easements must be retained for existing power lines. Attachment 3 shows where SCE easements will be preserved and the applicant is currently in the process of revising the legal descriptions of the vacated streets/easements to reflect that those identified easements will be retained for the benefit of SCE. Environmental Determination 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 paper streets/easements involves negligible or no expansion of use. (14 C.C.R. § 15301.) Attachments Attachment 1 – General Plan Conformity Resolution Attachment 2 – Site Depiction Attachment 3 – SCE Letter RESOLUTION NO. 2024-___ A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LAKE ELSINORE, CALIFORNIA, FINDING THAT THE VACATION OF CERTAIN STREETS AND EASEMENTS LOCATED WITHIN THE AREA BOUNDED BY NICHOLS ROAD TO THE NORTH, PIERCE ROAD TO THE EAST, KINGS HIGHWAY TO THE SOUTH, AND TERRA COTTA ROAD TO THE WEST (WITHIN AN AREA COMMONLY REFERRED TO AS “STOCKDALE”) IS IN CONFORMITY WITH THE CITY’S GENERAL PLAN 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; Whereas, Staff has determined that previously dedicated paper streets and easements located in the Stockdale area have not and will not be used for any public purpose; Whereas, Southern California Edison has requested, pursuant to the California Street and Highway Code Section 8346, reservation of easements and rights that are necessary to use, maintain, operate, repair, replace, remove, or renew existing facilities in certain identified areas; and Whereas, the General Plan does not designate those paper streets as future roadways. 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 certain streets and easements located within the area bounded by Nichols Road to the north, Pierce Road to the east, Kings Highway to the south, and Terra Cotta Road to the west is in conformity with 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 as described in Section 2 above is consistent with the City’s General Plan, subject to such easements that will have been requested to be reserved by Southern California Edison. Section 5: This Resolution shall take effect immediately upon its adoption. PC Reso. No. 2024-___ Page 2 of 2 Passed and Adopted on this 3rd day of December, 2024. Jodi Peters, Chair Attest: _________________________________ Damaris Abraham, Community Development Director STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss. CITY OF LAKE ELSINORE ) I, Damaris Abraham, Community Development Director of the City of Lake Elsinore, California, hereby certify that Resolution No. 2024-__ was adopted by the Planning Commission of the City of Lake Elsinore, California, at a regular meeting held December 3, 2024 and that the same was adopted by the following vote: AYES: NOES: ABSTAIN: ABSENT: Damaris Abraham, Community Development Director VACATIONS AND RESERVATIONS LEGEND: EXISTING PARCEL LINE CENTERLINE LIMITS OF VACATION RESERVATION OF PUBLIC UTILITY EASEMENT TITLE AND REAL ESTATE SERVICES – VEGETATION AND LAND MANAGEMENT 9/20/2024 City of Lake Elsinore Attn: Cameron Adams Assistant Engineer 130 S Main Street Lake Elsinore, CA 92530 SUBJECT: Proposed Vacation of east of Nichols Road and Terra Cotta Road File No: PLS 9029 Our Service Order Number: 802232288 Task: 94 In response to your email dated September 12, 2024, Southern California Edison Company (SCE), a public utility, regulated by the California Utilities Commission, has facilities in-place and operating within the area referenced in your letter and map. These facilities are dedicated to public use and are used and useful for the Transmission/Distribution of electric energy and for the transmitting intelligence by electric means to the public. Therefore, pursuant to the California Street and Highway Code #8346, SCE hereby requests the reservation of easements and rights that are necessary to use, maintain, operate, repair, replace, remove, or renew said facilities in the area to be described on the attached Facility Inventory Maps 560-1656-1 and 560-1659-1 with our facilities highlighted in yellow. Please reserve our rights. After the Resolution of Vacation has been recorded by the County Recorder’s office, please mail a copy for our file to my attention at the address below referencing our Service Order Number 802232288. If you have any questions, please call me at: (909) 274-1826. Sincerely, Timothy Lowry – Timothy.Lowry@sce.com Senior Technical Specialist Rights Analysis | Title and Real Estate Services T&D | VI&OS | Vegetation & Land Management T. 909-274-1826 (Pax 61826) 2 Innovation Way, Pomona CA 91768 (2nd Floor, D2, 235S) JACK CISSNA DRIVE FIM560-1659-1 Overhead Facilities JACK CISSNA DRIVE FIM560-1656-1 Overhead Facilities NOTICE OF PROPOSED STREET VACATION DATE: September 12, 2024 TO: Southern California Edison, Timothy Lowry Email: Timothy.Lowry@sce.com FROM: Cameron Adams, Assistant Engineer RE: Proposed Street Vacation east of Nichols Road and Terra Cotta Road ___________________________________________________________________________ The City has received a request to vacate the above-referenced right-of-way. Please review and respond even if you have no comments or conditions. If you wish an easement to be reserved or have conditions on the vacation, please so indicate, PROVIDING A COPY OF THE LEGAL DESCRIPTION OF THE EASEMENT. If you have objections to the vacation, please explain why you object. If you require further information, please contact Cameron Adams at (951) 674-3124 ext. 111. Failure to respond by October 4, 2024, will be interpreted to mean the proposed/ existing vacation has your endorsement. Sincerely, Cameron Adams Assistant Engineer Reply: _______________________________ Signed ________________ Date 951.674.3124 130 S. MAIN STREET LAKE ELSINORE, CA 92530 WWW.LAKE-ELSINORE.ORG EXHIBIT “A” LEGAL DESCRIPTION FOR VACATION OF PUBLIC RIGHT OF WAY AND PUBLIC UTILITY EASEMENTS IN THE COUNTY OF RIVERSIDE, STATE OF CALIFORNIA Unnamed Alleys: Blocks 10, 23, 24, 25, 26 and 27, M.B. 12, Pg. 568 All those unnamed alleys lying within Blocks 10, 23, 24, 25, 26 and 27 of Map of Hoff’s First Addition of Terra Cotta City on file in Book 12, Page 568 of Maps, Records of San Diego County, California. Unnamed Alleys: Block 17, M.B. 12, Pg. 568 All those unnamed alleys lying within Block 17 of Map of Hoff’s First Addition to Terra Cotta City on file in Book 12, Page 568 of Maps, Records of San Diego County, California. Excepting therefrom those portions lying within that Grant of Easement (Nichols Road) in favor of the City of Lake Elsinore, for Street and Public Utility and Drainage purposes recorded December 14, 2011 as Instrument No 2011- 0553628, of Official Records on file in the Office of the County Recorder of Riverside County, California. Unnamed Alleys: Block 9, M.B. 12, Pg. 568 That easement for Public Utilities as reserved over all those unnamed alleys lying within Block 9 of Map of Hoff’s First Addition to Terra Cotta City on file in Book 12, Page 568 of Maps, Records of San Diego County, California per Resolution No. 88- 143, recorded April 25, 1988 and April 27, 1988 as Instrument No.’s 108624 and 111896, both of Official Records on file in the Office of the County Recorder of Riverside County, California. Unnamed Alleys: Block 2, M.B. 4, Pg. 212 That easement for Public Utility, Public Service and Drainage purposes as reserved over all those unnamed alleys lying within Block 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 per Resolution Abandoning County Highway, recorded February 16, 1965 in Book 3926, Page 148 of Official Records of the Office of the County Recorder of Riverside County, California. Excepting therefrom those portions lying within that Irrevocable Offer of Dedication for Public purposes, recorded July 29, 2021 as Instrument No. 2021-0454213, of Official Records on file in the Office of the County Recorder of Riverside County, California. Page 1 of 4 Coal Avenue, M.B. 12, Pg. 568 All that strip of land, being referred to as Coal Avenue, being 80.00 feet in width, as shown on Map of Hoff’s First Addition to Terra Cotta City on file in Book 12, Page 568 of Maps, Records of San Diego County, California. Excepting therefrom that portion lying easterly of the northeasterly prolongation of the northwesterly line of Pierce Street, being 40.00 feet in width, as shown on said Map of Hoff’s First Addition of Terra Cotta City. No Name Street, (Jack Cissna Drive), M.B. 12, Pg. 568 All that strip of land, shown as having no name, being 60.00 feet and 80.00 feet in width, as shown on Map of Hoff’s First Addition to Terra Cotta City on file in Book 12, Page 568 of Maps, Records of San Diego County, California and per that Irrevocable Office of Dedication, Jack Cissna Drive, being 60.00 feet in width, as recorded March 5, 1976 as Instrument No. 1976-0029551, of Official Records on file in the Office of the County Recorder of Riverside County, California. Newman Avenue, M.B. 12, Pg. 568 All that strip of land, being referred to as Newman Avenue, being 80.00 feet in width, as shown on Map of Hoff’s First Addition to Terra Cotta City on file in Book 12, Page 568 of Maps, Records of San Diego County, California. Johnson Avenue, M.B. 12, Pg. 568 All that strip of land, being referred to as Johnson Avenue, being 80.00 feet in width, as shown on Map of Hoff’s First Addition to Terra Cotta City on file in Book 12, Page 568 of Maps, Records of San Diego County, California. Merrill Avenue, M.B. 12, Pg. 568 All that strip of land, being referred to as Merrill Avenue, being 80.00 feet in width, lying north of the north line of Kings Highway as shown on Map of Hoff’s First Addition of Terra Cotta City on file in Book 12, Page 568 of Maps, Records of San Diego County, California. Meridian Avenue, M.B. 12, Pg. 568 All that strip of land, being referred to as Meridian Avenue, being 80.00 feet in width, as shown on Map of Hoff’s First Addition to Terra Cotta City on file in Book 12, Page 568 of Maps, Records of San Diego County, California. Excepting therefrom those portions lying within that Grant of Easement (Nichols Road) in favor of the City of Lake Elsinore, for Street and Public Utility and Drainage purposes recorded December 14, 2011 as Instrument No 2011-0553628, of Official Records on file in the Office of the County Recorder of Riverside County, California. Page 2 of 4 Dolbeer Street, M.B. 12, Pg. 568 All that strip of land, being referred to as Dolbeer Street, lying north of the north line of Kings Highway as shown on Map of Hoff’s First Addition to Terra Cotta City on file in Book 12, Page 568 of Maps, Records of San Diego County, California. Excepting therefrom those portions lying within that Grant of Easement (Nichols Road) in favor of the City of Lake Elsinore, for Street and Public Utility and Drainage purposes recorded December 14, 2011 as Instrument No 2011-0553628, of Official Records on file in the Office of the County Recorder of Riverside County, California. Dolbeer Street, M.B. 4, Pg. 212 All that strip of land, being referred to as Dolbeer Street, lying north of Kings Highway as shown on Map of Terra Cotta City on file in Book 4, Page 212 of Maps, Records of San Diego County, California. Excepting therefrom those portions lying within Nichols Road as conveyed to the City of Lake Elsinore per that Grant Deed recorded November 12, 2010 as Instrument No. 2010-0544377, of Official Records on file in the Office of the County Recorder of Riverside County, California. Barker Street, Inst. No. 1976-0029552 That Strip of Land, per that Irrevocable Offer of Dedication, Barker Street, being 30.00 feet in width, as recorded March 5, 1976 as Instrument No. 1976-29552, of Official Records on file in the Office of the County Recorder of Riverside County, California. Excepting therefrom those portions lying within that Grant of Easement (Nichols Road) in favor of the City of Lake Elsinore, for Street and Public Utility and Drainage purposes recorded December 14, 2011 as Instrument No 2011-0553628, of Official Records on file in the Office of the County Recorder of Riverside County, California. Cissna Parkway, Inst. No. 1976-0021698 That Strip of Land, per that Irrevocable Offer of Dedication, Cissna Parkway, now known as Pierce Street, being 48.00 feet in width, as recorded February 19, 1976 as Instrument No. 1976-21698, of Official Records on file in the Office of the County Recorder of Riverside County, California. Page 3 of 4 Pierce Street (Alberhill Warm Springs Valley Road), Bk. 231/584 & 280/424 That portion of that easement for Public Highway and Public Utility purposes, recorded May 21, 1935 in Book 231, Page 584 of Official Records and re recorded on May 19, 1936 in Book 280, Page 424 of Official Records, lying within Block 27 and Coal Avenue as shown on Map of Hoff’s First Addition to Terra Cotta City on file in Book 12, Page 568 of Maps, Records of San Diego County, California, being more particularly described as follows: BEGINNING at the southwest corner of said easement, said point also lying on the south line of Coal Avenue, being 80.00 feet in width as shown on said Map of Hoff’s First Addition; Thence northerly, leaving said south line, North 01°15’13” East, a distance of 80.00 feet to the northwest corner of said easement, said point also lying on the north line of said Coal Avenue; Thence easterly along said north line, South 88°44’47” east, a distance of 27.32 feet to the beginning of a tangent curve, concave northwest and having a radius of 460.00 feet; Thence westerly and northwesterly along said curve, through a central angle of 47°03’00”, an arc distance of 377.74 feet to a point lying on the La Laguna Rancho line, a radial bearing to said point bears South 45°47’47” East; Thence southwesterly along said La Laguna Rancho line, South 43°57’15” West, a distance of 263.77 feet to the beginning of a non-tangent curve, concave northwesterly and having a radius of 540.00 feet, a radial bearing to said point bears South 18°47’48” East; Thence southwesterly and westerly, along said curve, through a central angle of 20°03’01”, an arc distance of 188.97 feet to said POINT OF BEGINNING. As shown on Exhibit “B” attached hereto and made a part hereof. KWC ENGINEERS CIVIL ENGINEERS • PLANNERS • SURVEYORS No. 9029 _________________________ 0 _ 8- _ 3 _ 0 _ - 2 _ 4 ___ Thomas M. Caseldine P.L.S. 9029 Date May 28, 2024 R:\20\2029\SURVEY\LEGALS\Vacation\2029 vacation.doc Page 4 of 4 SHEET 1 OF 6 SHEETSEXHIBIT "B" VACATION OF PUBLIC RIGHT OF WAY AND PUBLIC UTILITY EASEMENTS (PLAT MAP) VICINITY MAP: N. T. S. LEGEND: EXISTING PARCEL LINE CENTERLINE LIMITS OF VACATION SEE SHEET NO.4 AN EASEMENT IN FAVOR OF THE CITY OF LAKE ELSINORE, A MUNICIPAL CORPORATION FOR STREET AND PUBLIC UTILITY AND DRAINAGE PURPOSES, RECORDED DECEMBER 14, 2011 AS INSTRUMENT NO. 2011-0553628 OF OFFICIAL RECORDS. No. 9029 AN IRREVOCABLE OFFER OF DEDICATION OF AN EASEMENT FOR PUBLIC ROAD PURPOSES INCLUDING PUBLIC UTILITY AND PUBLIC SERVICE USES (JACK CISSNA DRIVE), RECORDED MARCH 5, 1976 AS INSTRUMENT NO. 1976-0029551 OF OFFICIAL RECORDS.08-30-24 AN IRREVOCABLE OFFER OF DEDICATION OF AN EASEMENT FOR PUBLIC ROAD PURPOSES INCLUDING PUBLIC UTILITY AND PUBLIC SERVICE USES, RECORDED MARCH 5, 1976 AS INSTRUMENT NO. 1976-0029552 OF OFFICIAL RECORDS. EXHIBIT "B"SHEET 2 OF 6 SHEETS VACATION OF PUBLIC RIGHT OF WAY AND PUBLIC UTILITY EASEMENTS (PLAT MAP) SEE SHEET NO.5 AN EASEMENT IN FAVOR OF THE CITY OF LAKE ELSINORE, A MUNICIPAL CORPORATION FOR STREET AND PUBLIC UTILITY AND DRAINAGE PURPOSES, RECORDED DECEMBER 14, 2011 AS INSTRUMENT NO. 2011-0553628 OF OFFICIAL RECORDS. AN IRREVOCABLE OFFER OF DEDICATION OF AN EASEMENT FOR PUBLIC ROAD PURPOSES INCLUDING PUBLIC UTILITY AND PUBLIC SERVICE USES (JACK CISSNA DRIVE), RECORDED MARCH 5, 1976 AS INSTRUMENT NO. 1976-0029551 OF OFFICIAL RECORDS. AN IRREVOCABLE OFFER OF DEDICATION OF AN EASEMENT FOR PUBLIC ROAD PURPOSES INCLUDING PUBLIC UTILITY AND PUBLIC SERVICE USES, RECORDED MARCH 5, 1976 AS INSTRUMENT NO. 1976-0029552 OF OFFICIAL RECORDS. SHEET 3 OF 6 SHEETSEXHIBIT "B" VACATION OF PUBLIC RIGHT OF WAY AND PUBLIC UTILITY EASEMENTS (PLAT MAP) AN EASEMENT IN FAVOR OF THE CITY OF LAKE ELSINORE, A MUNICIPAL CORPORATION FOR STREET AND PUBLIC UTILITY AND DRAINAGE PURPOSES, RECORDED DECEMBER 14, 2011 AS INSTRUMENT NO. 2011-0553628 OF OFFICIAL RECORDS. SEE SHEET NO. 5 & 6 AN IRREVOCABLE OFFER OF DEDICATION OF AN EASEMENT FOR PUBLIC ROAD PURPOSES INCLUDING PUBLIC UTILITY AND PUBLIC SERVICE USES (JACK CISSNA DRIVE), RECORDED MARCH 5, 1976 AS INSTRUMENT NO. 1976-0029551 OF OFFICIAL RECORDS. AN IRREVOCABLE OFFER OF DEDICATION OF AN EASEMENT FOR PUBLIC ROAD PURPOSES INCLUDING PUBLIC UTILITY AND PUBLIC SERVICE USES, RECORDED MARCH 5, 1976 AS INSTRUMENT NO. 1976-0029552 OF OFFICIAL RECORDS. AN IRREVOCABLE OFFER OF DEDICATION OF AN EASEMENT FOR PUBLIC ROAD PURPOSES INCLUDING PUBLIC UTILITY AND PUBLIC SERVICE USES, RECORDED FEBRUARY 19, 1976 AS INSTRUMENT NO. 1976-0021698 OF OFFICIAL RECORDS. EXHIBIT "B"SHEET 4 OF 6 SHEETS VACATION OF PUBLIC RIGHT OF WAY AND PUBLIC UTILITY EASEMENTS (PLAT MAP) SEE SHEET NO.1 EXHIBIT "B"SHEET 5 OF 6 SHEETS SEE SHEET NO. VACATION OF PUBLIC RIGHT OF WAY AND PUBLIC UTILITY EASEMENTS (PLAT MAP) 3SEE SHEET NO.2 EXHIBIT "B"SHEET 6 OF 6 SHEETS VACATION OF PUBLIC RIGHT OF WAY AND PUBLIC UTILITY EASEMENTS (PLAT MAP)SEE SHEET NO.2 SEE SHEET NO.3 EASEMENT FOR PUBLIC HIGHWAY AND PUBLIC UTILITY PURPOSES, ALBERHILL WARM SPRINGS VALLEY ROAD), RECORDED MAY 21, 1935 IN BOOK 231, PAGE 584 OF OFFICIAL RECORDS AND RE RECORDED ON MAY 19, 1936 IN BOOK 280, PAGE 424 OF OFFICIAL RECORDS, CO. OF RIV. LINE TABLE LINE L1 L2 BEARING N 1°15'13" E S 88°44'47" E S 43°57'15" W DISTANCE 80.00' 27.32' L3 263.77' CURVE TABLE CURVE C1 C2 DELTA 47°03'00" 20°03'01" RADIUS LENGTH 460.00' 540.00' 377.74' 188.97' Proposed Street Vacation east of Nichols & Terra Cotta Road General Location (NOT TO SCALE)