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Home My WebLink About08_047 PC Resolution PC RESOLUTION NO. 08-47 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA FINDING THAT THE PROPOSED VACATION OF THE EXISTING PUBLIC UTILITY EASEMENT BETWEEN SECOND AND THIRD STREET AND BETWEEN OLD TOWN FRONT STREET AND MURRIETA CREEK CHANNEL CONFORMS TO THE GENERAL PAN OF THE CITY OF TEMECULA Section 1. Procedural Findings. The Planning Commission of the City of Temecula does hereby find, determine and declare that: A. On August 20, 2008 the Planning Commission approved Planning Application No. PA08-0115, a Development Plan for the Warehouse at Creekside, a 30,519 square foot mixed use project including 32 (19 low income and 13 moderate income) residential apartment units and a 3,400 square foot restaurant and a Conditional Use Permit required for the residential use. B. The Development Plan requires a vacation of the Public Utility Easement along the rear property line of the subject property between Second and Third Street, to facilitate the construction of the approved building. C. The City proposes to vacate the Public Utility Easement between Second and Third Street from Old Town Front Street to Murrieta Creek, the entire alley. D. Pursuant to Government Code Section 65402 and Section 8133 of the Street and Highways Code, the Planning Commission held a hearing regarding the conformity of the proposed vacation to the General Plan. E. The Planning Commission, at a regular meeting, considered the proposed vacation on November 5, 2008. F. At the conclusion of the Commission hearing and after due consideration of the testimony, the Commission made the following findings; Vacating the Public Utility Easement between Second and Third Street and between Old Town Front Street and Murrieta Creek does not result in any inconsistencies with the General Plan. The public utility easement is not required for any future public utilities and is not identified on the City's Circulation Element. The Warehouse at Creekside development was determined to be consistent with the General Plan land use policies for Community Commercial (CC) development in the City of Temecula General Plan and the Tourist Retail Core designation in the Old Town Specific Plan. The General Plan has listed the proposed uses, including retail, professional office, and service-oriented businesses, as typical uses in the Community Commercial designation. Section 2. Further Findings. After receiving evidence, both written and oral, regarding the proposed conditional vacation of the public utility easement between Second and Third Street and between Old Town Front Street and Murrieta Creek Channel described in Exhibits "A" through "C hereto, including the staff report regarding the proposed conditional vacation, the Planning Commission hereby finds in accordance with Government Code Section 65402 that the conditional vacation of the public utility easement described in Exhibits "A" through "C is in conformance with the General Plan of the City of Temecula based on the findings set forth above in Section 1 of this Resolution and for the reasons set forth in the staff report, which is incorporated herein by this reference. Section 3. PASSED, APPROVED AND ADOPTED by the City of Temecula Planning Commission this 5th day of November 2008. John Telesio, Chairman ATTEST: Debbie Ubnoske, Secretary [SEALS STATE OF Qa LIFORNIA ) -'COUNTY_ OF,RIVERSIDE )ss CITY OF TEMECULA ) I, Debbie Ubnoske, Secretary of the Temecula Planning Commission, do hereby certify that the forgoing PC Resolution No. 08-47 was duly and regularly adopted by the Planning Commission of the City of Temecula at a regular meeting thereof held on the 5th day of November 2008, by the following vote: AYES: 5 PLANNING COMMISSIONERS: Carey, Chiniaeff, Guerriero, Harter, Telesio NOES: 0 PLANNING COMMISSIONERS: None ABSENT: 0 PLANNING COMMISSIONERS: None ABSTAIN: 0 PLANNING COMMISSIONERS: None i k4~, - le Debbie Ubnoske, Secretary EXHIBIT A- LEGAL DESCRIP7SIDE, VACATION FRN STRIP OF LAND AS SHOWN ON BLOCK 29, TOWN SITE OF MAP, IN THE CITY OF TEMECULA, COUNTY STATE OF A, MAP RECORDED IN BOOK15, PAGE 726, OF , THE OFFICE OF TY RECORDER OF SAN DIEGO COUNTY, CALIFORNIA, BEING MORE RLY DESCRIBED AS FOLLOWS; AT THE MOST WESTERLY CORNER O F LOT 1 AS SHOWN ON SAID SAID POINT ALSO BEING ON THE NORTHEASTERLY RIGHT OF WAY LINE TREET AS SHOWN ON SAID MAP; THENCE LEAVING SAID RIGHT OF WAY LINE, NORTH 44°29'59" EAST, A DISTANCE OF 285.00 FEET TO A POINT BEING ON THE SOUTHWESTERLY RIGHT OF WAY LINE OF FRONT STREET AS SHOWN ON SAID MAP; THENCE NORTH 45029'25' WEST, ALONG SAID RIGHT OF WAY LINE, A DISTANCE OF 20.00 FEET; THENCE LEAVING SAID RIGHT OF WAY LINE, SOUTH 44°29'59" WEST, A DISTANCE OF 285.00 FEET, TO THE MOST SOUTHERLY CORNER OF LOT 22 OF SAID MAP, SAID POINT ALSO BEING ON THE NORTHEASTERLY RIGHT OF WAY LINE OF SAID RIVER STREET; THENCE SOUTH 45°29'20" EAST, A DISTANCE OF 20.00 FEET TO THE POINT OF BEGINNING THE ABOVE DESCRIBED PORTION OF LAND CONTAINS 0.13 ACRES. MORE OR LESS AS SHOWN ON EXHIBIT "B"ATTACHED HERETO MADE A PART HERE OF. THIS DESCRIPTION WAS PREPARED BY ME OR UNDER MY DIRECTION. p LAND v ~O DARRIN P. GINN Na. 7075 Exp. 1291/08 X ~rF OF m\ 2-t,or Darrin P. Ginn, LS 7075 Date EXP. 12/31/08 Prepared for and on behalf of FILC Page I of I EXHIBIT B - Mp VACATION s FRONT swu S1 r - - N45-23B 0 - - - - VICINI! P _ 7 T N (S I 30' ¢ Nlb lb 01 L L-- 0 n Z-- -I cy+~ I I y ~ I y r L - I S45 2925 20.00 a _ rQ_RIVER S7REET o 15,700 SF N4529'25"W 0.13-+ AC LAND g` ~G `Ft v OARRIN P, GINN No. 7075 Exp. 12/31/DB DARRIN P. GINN, LS 7075 DA 7£ PREPARED FOR AND ON BEHALF OF HLC q OF CqU SHEET I OF i I .13oard of Supervisors County of Riverside 2 3 ABSOLUTION NO. 79-68 4 ANUMONOW OF UNNAKED ALLEYS (R-854) 3 (First Superviscrial District) , 6 wHE?9RS, a public hearicg after due notice has be-on held 7I upon a resolution of intention to abandon the hereinafter described 8 unnamed alleys, and all persons having had an opportunity to be 9 heard, and the Board having determined, pursuant to Sections 989 10 and 2381 of the Streets and Highways Code, that the uaiumed alleys 111 are unnecessary for present Or prospective public use, including 12 bikeways1,now, therefore. 13I 86 IT RBSOLVBD by the Board of Supervisors of the county 14I of Riverside, State of California, in regular session assembled on 25 April 10, 1979; that the unnamed alleys in the Temecula. area, 16I First Supervisorial district, more particularly described in < { 17 Exhibit A, attached hereto and by this reference made a part 18 hereof, are hereby abandoned. ; .19 BE IT MRTBBR ABSOLVED that the Clerk of this Board 20 cause a' certified copy of this resolution to be recorded in the 21 Office of the Recorder of Riverside County, California. 22 Roll Call resulted. an follows: AYBSt Schroeder, Record, McCandless and Abraham. 23 v*{. 110341 None. 2411 Absent, Younglove. I•. 25 26 cJGsbv 27 3-7-79 28 IA, fungepq.M *"%w ro we • w.. wn M dAMla"'VWLL Malgft Y 4dop1w 6'. MW ~ieud grlS pe•• . ( DO11;jD~NAC(M(a1.Id 1aA . LSOAL D89CRZPTION Abandonment of Unnamed Alleys - R-854 In the county of Riverside, State of California, _ described as follows All alleys (20-foot wide) within Blocks 4, 5, 6, 23, 24, 25, 27, 29 and 29, as shown on Tows} of Temecula on file in Book 15, page 726 of Maps, Records of San Diego County, California. Reserving and excepting fraq the'abandonment an easement and right to construct, maintain, operate, replace, e remove and renew yyuubblic utilities and public service facilities, inclurm store drains and appurtenant structures, pursuant to Section 959.1 of the Streets and ' Highways Code. i, v i 'i a' r' I