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HomeMy WebLinkAbout12-024 PC Resolution PC RESOLUTION NO. 12-24 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA CONFIRMING FINDING THAT THE STREET VACATION OF A PORTION OF JEDIDIAH SMITH ROAD CONFORMS TO THE CITY OF TEMECULA e GENERAL PLAN (LONG RANGE PLANNING PROJECT NO. LR12-0017) Section 1. Procedural Findings: The Planning Commission of the City of . Temecula does hereby find, determine and declare that: A. In December 2006, the construction of a triple-box culvert system (culvert) ' along the north side of Pechanga Parkway, north of Loma Linda Road between Pechanga Parkway and Temecula Creek, within an unimproved portion of Jedediah Smith Road right-of-way was completed as part of the Wolf Creek CFD 03-03. B. The culvert is currently located within an existing right-of-way of an unimproved portion of Jedediah Smith Road. C. The culvert was constructed with the ultimate intention of transferring ownership of the system to the Riverside County Flood Control District (District). D. Prior to the District accepting the culver system, the District requires that the culvert lie within a drainage easement owned exclusively by the District. E. To transfer ownership to the District, the City of Temecula proposes to vacate the "dedication for public street purposes" within the unimproved portion of Jedediah Smith Road while retaining the easement for "drainage and utility proposes" then conveying the modified easement to the District. . F. Pursuant to Government Code Section 65402 and Street and Highways Code Section 8313, prior to vacating the dedication for public street purposes, the Planning Commission must make a.finding that the vacation conforms to the adopted ° General Plan. . G. Streets and highways are shown on the City's General Plan map but are not given land use designations. Vacating the "dedication for public purposes" within the old Jedediah Smith Road for purposes of transferring ownership of the culvert to the District does not change the utilitarian purpose of the parcel in questions and therefore a land use designation is not necessary for the said parcel, thus maintaining conformity with the General Plan. o H. Pursuant to Government Code Section 65402 and Street and Highways Code Section 8313, public notice of the proposed street vacation was published and posted on site. 1 I. The Planning Commission, at a regular meeting, considered the proposed street vacation on November 7, 2012, at a duly noticed public meeting as prescribed by law. J. At the conclusion of the Planning Commission meeting, the Planning Commission finds, in accordance with Government Code Section 65402 and the Streets and Highway Code Section 8313, that the proposed conditional street vacation of the unimproved portion of Jedediah Smith Road as described in Exhibits "A" and "B" is in conformance with the General Plan of the City of Temecula. Section 2. Environmental Findings, The Planning Commission hereby makes the following environmental findings and determinations A. In accordance with the California Environmental Quality Act, the proposed project has been deemed to be categorically exempt from further environmental review pursuant to Section 15301, Class 1. The proposed street vacation is that of an existing facility and does not involve any expansion of use beyond that which currently exists. 2 Section 3. PASSED, APPROVED AND ADOPTED by the City of Temecula Planning Commission this 7 day of November, 2012. �. Z�' , `� `� Ron Guerriero, Chairman ATTEST: Patrick Richardson, Secretary ` ' --�- -\ � [SEAL.]�; �r�-. ... -� � `� . �� .;J� '�". � , ' . , 'r . �:. . ' ' •,� . . STATE! ) ' Cl7UN � RIVERSIDE )ss CITY UF TEMECULA ) I, Patrick Richardson, Secretary of the Temecula Planning Commission, do hereby certify that the forgoing PC Resolution No. 12-24 was duly and regularly adopted by the Planning Commission of the City of Temecula at a regular meeting thereof held on the 7 day of November, 2012, by the following vote: AYES: 4 PLANNING COMMISSIONERS: Carey, Guerriero, Harter, Telesio NOES: 0 PLANNING COMMISSIONERS: None ABSENT: 1 PLANNING COMMISSIONERS: Kight ABSTAIN: 0 PLANNING COMMISSIONERS: None ✓ Patrick Richardson, Secretary 3 EXHIBIT A LEGAL DESCRIPTION EXHIBIT "A" JEDEDIAH SMITH ROAD STREET VACATION That certain parcel of land situated in the City of Temecula, County of Riverside, state of California, being that portion of Rancho Temecula as shown on the map recorded in Book 1, Page 37 of Patents in the office of the County Recorder of the County of San Diego, State of California described as follows: BEGINNING at the Southeasterly terminus of that certain course having a bearing and distance of South 47°44'36" East 2543.13 feet as described in the deed to John A. Murdy Jr. and Norma L. Murdy recorded December 30, 1966, as Instrument No. 123991, in the office of the County Recorder of said County of Riverside, said certain course also being the center line of Pala Road, 60.00 feet wide, as shown on the Record of Survey filed in Book 54, Pages 89 and 90 of Record of Surveys in the office of the County Recorder of said County of Riverside; thence North 42°35'01" East, 55.00 feet to a line parallel with and distant 55.00 feet Northeasterly, measured at right angles, from said center line of Pala Road; thence along said parallel line North 47°44'36" West, 932.52 feet to the TRUE POINT OF BEGINNING, said True Point of Beginning being the beginning of a Tangent curve, concave Northeasterly and having a radius . of 1945.00 feet; thence Northwesterly along said curve through a central angel of 44°13'33" an arc distance of 1501.32 feet, thence North 3°31'03" West, 564.09 feet to a point in the Northerly boundary of the land described as the "Purchase Parcel" in the deed to Edward W. Forbes and Jacqueline S. Forbes recorded December 29, 1967 as Instrument No. 115528, in the office of the County Recorder of said County of Riverside, said point being in a non-tangent curve, concave Southerly and having a radius of 2300.00 feet, a radial line to said point bears North 11 °06'06" East; thence Westerly along said curve in said Northerly boundary through a central angle of 1°24'42", an arc length of 56.67 feet to an angle point in said Northerly boundary; thence along said boundary South 3°31'03" East, 335.36 feet to an angle point therein, said last mentioned angle point being a point in a curve, concave Southerly and having a radius of 1975.00 feet and being concentric with that certain curve hereinbefore described as having a radius of 2300.00 feet; thence Westerly along said curve, in said Northerly boundary through a central angle of 1°38' 56", an arc distance of 56.84 feet to a line parallel with and distant Westerly at right angles, 110.00 feet from that certain course hereinbefore described as having a bearing of North 3°31'03" West and a length of 564.09 feet; thence along said last mentioned parallel line South 3°31'03" East, 256.69 feet to the beginning of a tangent curve, concave Northeasterly and having a radius of 2055.00 feet, said curve also being concentric with that certain course hereinbefore described as having a radius of 1945.00 feet; thence Southwesterly along said curve through a central angle of 25°23'40", an arc distance of 910.81 feet to said first mentioned parallel line hereinbefore described as being 55.00 feet Northeasterly of the center line of said Pala Road; thence along said parallel line South 47°44'36" East, 663.32 feet to the TRUE POINT OF BEGINNING. SUBJECT TO all Covenants, Rights, Rights-of-Way and Easements of Record. EXHIBIT "B" attached hereto and by this reference made a part thereof. EXHIBIT B MAP �.�_ _ __ . , __�---- ___ �,-__ � .. _ _ _ _ � _ __ _ _ _.. ..... _ ; EXHlBIT "B" TO RESOLUTION N0. 12- JEDEDIAH SMI1H ROAD - STREET VACAl10N { -�.---_ „� ` _ � ��'�� � _ � ���� �����;0� . '"—�—..:.;: 5 ,; ; �. l v € '�...-,.. _ ��. ,� ; �� � . i < 6 , ; �, �; � ij ' n � `� ` �� � � = . � h§ Y . ._.. � ^O t [. "� ? PARCEL 1 > � � z . ,� �-� '�°� ` PM 17/72 � � � � � � � . 5 �..: � ilp �z; ,�� .. A � ;�,�,`'� � x � ` �, , __ � � � « � � �' , .C� : �,� � \ <� , q. � . °, c� �' F , � ' ,y�,� °, ;} � � Fi�' � � � � � PARCEL 2 ~ �.. � l � `p � z�' cn 2 PM 17/72 �� ' Z� . � i �.:� . � q � -o . \ � [�" �"`, ° v . � ,` � ` �` "- � �. � ° '�� `�` 1 - , � %,• � � .�.�' e � , 5 y . ,�.. 9 � � � l , :T.A. D.B PARCEL 3 PM 17/72 Q �.. 4: �� l:sad'�y .. Cn " DA TA TABLE ��,, ' .s�� _: 'N; N0. BEARING/DELTA RADIUS LEN�TH � : \ r,. ��� . �: � � �1 N42 "E ,-- 55.00 � � � � 44 1945.00 1501.32' LQt��' ,: � � 0 NO3 —,- 564.09' V ���5'0�� � 04 Ol ° 24'42" 2300. 00 56. 67' � � S03 335.36' P a B �': � Ol ° 38'S6" 1975.00 56.84' � Q7 S03 � — 256.69' � 25 2055.00 91D.81' � S47 -- 197.52' �0 S47 -- 465.80' �