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HomeMy WebLinkAboutItem No. 3 - Proposed Street Vacation of a Portion of Frontage Rd3)General Plan Conformity Determination for Proposed Street Vacation of a Portion of Frontage 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 SUMMARY VACATION OF A PORTION OF FRONTAGE ROAD CONFORMS TO 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 Vacation of a Portion of Frontage Road Applicant:Commercial Development Resources 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 SUMMARY VACATION OF A PORTION OF FRONTAGE ROAD CONFORMS TO THE CITY’S GENERAL PLAN. Project Location The project site is located on Frontage Road at the northeastern quadrant of Central Avenue and El Toro Cut Off Road intersection. Background Frontage Road was part of the old State Route 74 road alignment. In 2017, by the Relinquishment Agreement between the City of Lake Elsinore (City) and the State of California, the City has accepted title to a portion of State Route 74 lying within the City limits from Dexter Avenue to the easterly city limits. The portion of State Route 74 known as Segment 1 in the City was relinquished as shown on the map recorded on February 7, 2017, with Recording Instrument No. 2017- 0058299. California Street and Highways Code Section 8334(a) provides that the legislative body of a local agency may summarily vacate excess right-of-way that is not required for street or highway purposes. This portion of Frontage Road is excess and may therefore be vacated by City Council. Summary Vacation Portion of Frontage Road Page 2 of 2 1 6 2 1 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 designates Frontage Road as a local street with a half-width of 30 feet. Currently, the road has a half-bulb shape that exceeds a half-width of 30 feet. By vacating the excess right of way, future street improvements will follow a consistent linear path along the Frontage Road. Staff is therefore of the opinion that vacation of Frontage Road as set forth herein is in conformity with the current General Plan for the City of Lake Elsinore. 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 a portion of Frontage Road and involves negligible or no expansion of use. (14 C.C.R. § 15301.) Attachments Attachment 1 – General Plan Conformity Resolution Attachment 2 – Legal and Plat of Vacated Area RESOLUTION NO. 2024-___ A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LAKE ELSINORE, CALIFORNIA, FINDING THAT THE SUMMARY VACATION OF A PORTION OF FRONTAGE ROAD CONFORMS TO THE CITY’S GENERAL PLAN Whereas, Commercial Development Resources has filed an application with the City of Lake Elsinore (City) requesting the vacation of a portion of Frontage Road along the property frontage of APN 347-130-035, located northeast of the Central Avenue and El Toro Cut Off Road; 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, Frontage Road along the property frontage of APN 347-130-035 was and the old alignment of State Route 74, Whereas, the General Plan designates Frontage Road as a local street with a 30-foot half-width right-of-way; Whereas, Staff has determined there is excess right-of-way along said portion of Frontage Road; Whereas, California Streets and Highways Code (CSHC) Section 8334(a) provides that the legislative body of a local agency may summarily vacate an excess right-of-way of a street or highway not required for street or highway purposes. 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 portion of Frontage Road conforms to the City’s General Plan. Section 3: The Planning 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 that portion of Frontage Road referenced above is consistent with the City’s General Plan. Section 5: This Resolution shall take effect immediately upon its adoption. PC Reso. No. 2024-___ Page 2 of 2 3 8 1 9 6 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 VACATION NO. 2023-0001 EXHIBIT “A” VACATION EASEMENT (LEGAL DESCRIPTION) That portion of Parcel 3 of Parcel Map No. 19924, as shown by Parcel Map on file in Book 122, Pages 44 through 48, inclusive, of Parcel Maps, Records of Riverside County, California, in the City of Lake Elsinore, County of Riverside, State of California described as follows: COMMENCING at the intersection of the westerly line of said Parcel 3 and the westerly line of Parcel 13523-1 of Document No. 2003-454141 of O.R. recorded June 6, 2003. Thence, along said westerly line of Parcel 3, South 58°09’32” West a distance of 114.21 feet to the POINT OF BEGINNING; Thence, continuing along said westerly line of Parcel 3, South 58°09’32” West a distance of 105.54 feet to the beginning of a tangent 686.71 foot radius curve, concave southeasterly; Thence, westerly along said curve through a central angle of 01°14’02” an arc length of 14.79 feet; Thence, leaving said westerly line, North 83°29’46” East a distance of 62.58 feet to the beginning of a tangent 46.40 foot radius curve, concave northwesterly; Thence, northerly along said curve through a central angle of 96°28’50” an arc length of 78.13 feet to the POINT OF BEGINNING. Contains 0.054 Acres Exhibit “B” is attached hereto and by this reference made a part hereof. Legal Description prepared by Accurate Land Surveys. Robert J. Russell, PLS 8211 May 25, 2023