HomeMy WebLinkAbout03-126 CC ResolutionRESOLUTION NO. 03-126
A RESOLUTION OF THE CITY OF TEMECULA DECLARING
CERTAIN REAL PROPERTY INTERESTS NECESSARY FOR
PUBLIC PURPOSES AND AUTHORIZING THE ACQUISITION
THEREOF, IN CONNECTION WITH THE WIDENING AND
IMPROVEMENT OF WINCHESTER ROAD (41005
WINCHESTER ROAD)
THE CITY OF TEMECULA DOES HEREBY RESOLVE, FIND, DETERMINE AND
ORDER AS FOLLOWS:
Section 1. The City of Temecula is a municipal corporation, in the County of
Riverside, State of California.
Section 2. The real property interests described in Section 3 of this Resolution are to
be taken for a public use, namely for permanent easements and temporary construction
easements in connection with the proposed widening and improvements of Winchester Road
("Project"), and all uses necessary or convenient thereto, pursuant to the authority conferred
upon the City of Temecula to acquire property by eminent domain by California Constitution
Article 1, Section 19, California Government Code sections 37350, 37350.5, 37351, 40401, and
40404 and California Code of Civil Procedure section 1230.010, et seq. (Eminent Domain Law),
including, but not limited to sections 1240.010, 1240.020, 1240.110, 1240.120, 1240.150,
1240.410, 1240.510, 1240.610, 1240.650, and other provisions of law.
Section 3. The real property interests the City seeks to acquire are a permanent
street easement and temporary construction easement on the property commonly known as
41005 Winchester Road, Temecula, and identified as Assessor's Parcel Number ("APN") 910-
283-001 ("Subject Property Interests"). The term of the temporary construction easements is
twelve (12) months.
The legal description of the Subject Property Interests are attached as Exhibits "A" to
this Resolution and depicted on Exhibits "B" to this Resolution. Said Exhibits are incorporated
herein by this reference. Specifically, the legal description to the permanent easement on APN
910-283-001 is shown on Exhibit "A," which is marked on the top right hand corner with the job
number (WJN") 10101661-M10. This permanent easement is depicted on Exhibit "B" also
marked with JN 10101661-M10. The legal description of the temporary construction easement
is shown on Exhibit "A," marked on the top right hand corner with JN 10101661-M15 and
depicted on Exhibit "B" also marked with JN 10101661-M15. The Subject Property Interests are
required for the construction, widening, and improvements of Winchester Road, which is a
public use.
Section 4. The Project is consistent with the City's General Plan and with the
Harveston Specific Plan. The Project would widen and improve Winchester Road easterly from
Jefferson Avenue to approximately 885 feet east of Ynez Road. Specifically, the Project would
provide additional through lanes and turning lanes at the intersections of Winchester and Ynez
Roads, and Winchester Road and Jefferson Avenue, and Winchester and Margarita Roads.
The Project would improve Winchester Road at the 1-15 southbound ramp by adding an
eastbound right-turn lane, a southbound dedicated left-turn lane (dual left), and widening the off-
ramp to accommodate the added lane. The Project would also improve the Winchester Road at
R:/Resos 2003/Resos 03-126 1
1-15 northbound ramp by adding a westbound right-turn lane (dual right). These improvements
will further the public health and safety by ensuring adequate traffic circulation in this area and,
thus, will prevent unacceptable traffic congestion and unsafe conditions. The Project is also
necessary for the public health and safety because it will ensure that traffic circulation and the
level of service are maintained at the standard set forth in the Circulation Element of the City's
General Plan. The Project is also necessary to meet the demands of anticipated increased
traffic volumes in the area resulting from recent and proposed development in the vicinity of the
Project area.
Section 5. The potential environmental impacts of the Project were studied and
analyzed as an integral part of the City Council's adoption on August 14,. 2001 of Resolution No.
01-70, A Resolution of the City Council of the City of Temecula Certifying the Environmental
Impac~ Report prepared for the Harveston Specific Plan and related actions, and adopting the
findings pursuant to the California Environmental Act, a Statement of Overriding Considerations,
and a Mitigation Monitoring Program in connection therewith for the Harveston Specific Plan,
located east of Interstate 15, north of Santa Gertrudis Creek, west of Margarita Road and south
of the northern City limits (Planning Application 00-0189). The street improvements that make
up the Project were a condition of approval of the Harveston Specific Plan and related planning
applications.
Pursuant to section 15082 of the State California Environmental Quality Act ("CEQA")
Guidelines, the City on April 1, 1999 issued a Notice of Preparation of a Draft Environmental
Impact Report ("Draft EIR"). The City received comments in response to the Notice of
Preparation. Pursuant to CEQA Guidelines section 15168, the City prepared a Draft EIR to
analyze potential adverse environmental impacts of the Harveston Specific Plan.
Upon completion of the Draft EIR, the City on November 2, 2000, filed a Notice of
Completion with the State Office of Planning and Research. This initiated a 45-day public
comment period pursuant to section 15105 of the CEQA Guidelines. Also, in compliance with
CEQA and the CEQA Guidelines, the City published a Notice of Availability of the Draft EIR in a
newspaper of general circulation. The City sent copies of the Draft EIR to public agencies,
organizations, and individuals. The City also placed copies of the Draft EIR in public libraries
throughout Riverside County and in City offices. Pursuant to Public Resources Code section
21092.5, the City on February 2001, provided its responses to the fourteen (14) comments
received on the Draft EIR. These comments and responses were included as part of the Final
EIR.
Pursuant to CEQA, in adopting Resolution No. 01-70, the City Council determined that
based on all of the evidence presented, including the Final EIR, written and oral testimony given
at meetings and hearings, and submission of testimony from the public, organizations, and
regulatory agencies, certain environmental impacts associated with the Harveston Specific Plan
and related actions will have a less than significant impact on the environment and therefore do
not require the imposition of mitigation measures. Specifically, the City Council determined that
the Harveston Specific Plan and related actions will not result in conflicts or inconsistencies with
the applicable goals and policies of the Land Use, Circulation, Housing, Open
Space/Conservation, Growth Management/Public Facilities, Public Safety, Noise, Air Quality,
Community Design, and Economic Development Elements of the City of Temecula General
Plan.
The City Council also determined that the Harveston Specific Plan and related actions
will have a potentially significant impact on transportation and circulation in the City. it
R:/Resos 2003/Resos 03-126 2
determined that that there will be an increase in traffic levels under the Phase I - 2002
Scenario. At Phase I, the build-out of the Harveston Specific Plan and related actions are
anticipated to generate approximately 12,515 trips per day. All of the study intersections,
including those that are part of the Project, were found to operate at LOS "D" or better at all
times, with the exception of Winchester Road at Ynez Road and Winchester Road at Margarita
Road. Accordingly, because this is considered a significant impact, intersection improvements
were identified to allow LOS "D" or better to be maintained at both of these intersections and,
thus, reduce this impact to a less than significant level. Specifically, the mitigation measures
required a modification of the signal at Winchester Road at Ynez Road to provide both a
northbound and southbound right turn overlap phase. The mitigation measures also required
the addition of an eastbound through lane on Winchester Road at this intersection. These
improvements are part of the Project. In addition, the mitigation measures required certain
improvements at the intersection of Winchester and Margarita Roads.
The City Council found that with the implementation of certain mitigation measures, the
Harveston Specific Plan and related actions' incremental impact on traffic at the projected 2005
build-out scenario can be reduced to a less than significant level. These mitigation measures
include the improvements proposed by the Project and discussed above in Section 4.
Accordingly, the City Council found and determined that with the implementation of the
Harveston Specific Plan and related applications, including the Harveston Specific Plan
Circulation Element and mitigation measures, no significant traffic impacts will result from the
Harveston Specific Plan and related applications under the Phase I - 2002 and Full Build-out
2005 Scenarios. The Project is comprised of all of the improvements or mitigation measures
required by the Final EIR and set forth in the Mitigation Monitoring Program in connection with
Winchester Road and the intersections of Winchester Road and Ynez Road, Winchester Road
and Jefferson Avenue, Winchester Road at the I-15, and Winchester Road and Margarita Road.
In adopting Resolution No. 01-70, the City Council found that it reviewed and considered
the Final EIR in evaluating the Harveston Specific Plan, that the Final EIR is an accurate and
objective statement that fully complies with CEQA, the State CEQA Guidelines and the City's
local CEQA Guidelines. Further, the City Council found that the Final EIR reflects the
independent judgment of the City Council.
Accordingly, the City Council certified the Final EIR based on the following findings and
conclusions:
A. Findings. The following significant impacts have been identified in
the Draft EIR and will require mitigation as set forth in Section 4 of Resolution
No. 01-70 but cannot be mitigated to a level of insignificance: long-term and
shod-term project and cumulative air quality impacts.
B. Conclusions.
1. All significant environmental impacts from implementation
of the Harveston Specific Plan have been identified in the Draft EIR and, with
implementation of the mitigation measures identified, will be mitigated to a level
of insignificance, except for those impacts listed in Section 6.1 of Resolution No.
01-70.
R:/Resos 2003/Resos 03-126 3
2. Other reasonable alternatives to the Harveston Specific
Plan, which could feasibly achieve the basic objectives of the Harveston Specific
Plan, have been considered and rejected in favor of the Harveston Specific Plan.
3. Environmental, economic, social and other considerations
and benefits derived from the development of the Harveston Specific Plan
override and make infeasible any alternatives to the Harveston Specific Plan or
further mitigation measures beyond those incorporated into the Harveston
Specific Plan.
All of the environmental documentation prepared in connection with Resolution No. 01-
70, including the Final EIR and the Mitigation Monitoring Program, has been reviewed by City
staff in connection with the proposed Resolutions of Necessity and on August 4, 2003, pursuant
to the criteria of Section 15162 of the CEQA Guidelines and Section 21166 of the Public
Resources Code, staff concluded that no substantial changes have occurred in the Harveston
Specific Plan and related applications, of which the street improvements proposed by the
Project are an integral part, and that the City has not obtained any new information of
substantial importance that would require City staff to undertake further environmental analysis.
These environmental findings in connection with the Harveston Specific Plan and related
applications and the conditions imposed as part of their approval, are the appropriate findings
with respect to the proposed acquisition of the Subject Property Interests.
Section 6. The public use for which the City seeks to acquire the Subject Property
Interests, namely street purposes, is a more necessary public use within the meaning of Code
of Civil Procedure section 1240.650 than the uses to which public utility easement holders have
appropriated those utility easements, which are located in the Subject Property Interests and
are affected by the Project
Section 7.
that:
The City Council of the City of Temecula hereby finds and determines
A. The public interest and necessity require the Project;
B. The Project is planned and located in the manner that will be most compatible with
the greatest public good and least private injury;
C. The property described in Exhibits "A" and "B" attached hereto is necessary for the
Project; and
D. The City made the offer required by section 7267.2 of the Government Code to the
owners of record.
Section 8. The findings and declarations contained in this Resolution are based
upon the record before the City Council on August 12, 2003 and September 16, 2003, including
the Agenda Reports dated August 12, 2003 and September 16, 2003 and all documents
referenced therein, all of which are incorporated by this reference. These documents include
the environmental documents referenced above, Resolution Nos. 01-70, 01-72, 01-73,
Ordinance No. 01-08, the City's General Plan, and Development Code. These documents also
include the Project Construction Plans, which were approved by the State of California
Department of Transportation. The findings and declarations in this Resolution are also based
R:/Resos 2003/Resos 03-126 4
upon any testimony, records and documents produced at the hearing, all of which are
incorporated by this reference.
Section 9. The City Council of the City of Temecula hereby authorizes and
directs the City Attorney's office to take all steps necessary to commence and prosecute legal
proceedings in a court of competent jurisdiction to acquire by eminent domain the property
described on Exhibits "A" and "B" attached hereto.
PASSED, APPROVED AND ADOPTED by the City Council of the City of Temecula this
16th day of September, 2003.
AT'[.,I~ ST:
ne Mayor
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss
CITY OF TEMECULA )
I, Susan W. Jones, CMC, City Clerk of the City of Temecula, California, do hereby certify
that Resolution No. 03-126 was duly and regularly adopted by the City Council of the city of
Temecula at a regular meeting held on the 16th day of September, 2003, by the following vote:
AYES:
4 COUNCILMEMBERS: Comerchero, Naggar, Roberts, Stone
NOES: I COUNCILMEMBERS: Pratt
ABSENT: 0 COUNCILMEMBERS: None
ABSTAIN: 0
COUNClLMEMBERS:
None
R:/Resos 2003/Resos 03-126 5
. RBF CONSULTING
27555 Yn'ez Road, Suite 400
Temecula, CA 9259'1
EXHIBIT "A"
WINCHESTER ROAD ·
· Revised June 1, 2003
May2~,2002
· JN 10101661-Mt0
Page 1 of 1
That certain parcel of land situated in the City of.Temecula, County of Riverside, State of
'California, being that portion of Parcel I of Parcel Map No. 23335 filed in Book. 172,
Pages 87 through 89 of Parcel Maps in the Office of the County Recorder of said Riverside
County, described as follows:
BEGINNING at the most easterly comer of said Parcel !;
· thence along the boundary line of said parcel' through the following~ courses:
South 48007'50'' West 161.00 feet;
thence North 86°51'48" West 32.53 .feet; ·
thence North 41°51'27" West 141.36 feet;
thence leaving said boundary line South 44°29'50" East 116.60 feet to a point on a
non-tangent curve concave northerly and having a radius of 39.57 feet, a radial line of said
curve from said point bears North 45°54'18" East; ' '
· !hence along said curve easterly 56.60 feet. through a centra. I angle of 81°57'19";
thence non-tangent from said curve North 48°13'17" East 143.10 feet.to the northeasterly
line of said 'Parcel 1;
thence along said northeasterly line South 41°50'12'' East 9.83 feet to the 'POINT OF
BEGINNING.
CONTAINING: 2413 Square Feet,
SUBJECT TO all Covenants, Rights, RightS'of-Way and Easements of Record.
BXHIBIT '~B" attached hereto and.by this reference made a part hereof..
Th!s description was prepared by me. or under my direction,
Tho.mas E. Verloop, P.L.,,~481
My I~cense expires 12/31/037 - '
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~'EXISTING LANDSCAPE ~AINTENANCE'
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EXISTING MONUMENT WALL ~ LANDSCAPE
EASEMENT
'1
DATA TABLE
(~. BRNG/DELTA 'RADIUS LENGTH
.1 N86'51'4B"W. -- 32;53'
2 N41'51'27"W .-- i41.36'
'3 'S44'29'50"E -- 116,60'
4 81~57'197 39..57' 56,.60'
5 S41'50'12"E -- 9,83'
SHEET 1 BF 1 SHEET
REV I SED
MAY 24, 2002
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1"=60'
10101661-M10-
RBF CONSULTING
27555 Ynez Road~ Suite 400
Temecula, CA 92591
Revised June 01, 2003
May 24, 2002
JN'10101661-M15
Page 1 of.2
EXHIBIT "A"
WINCHESTER ROAD
TEMPORARY CONSTRUCTION'EASEMENT
That certain parcel of land situated in the City of Temecula, County of Riverside, State of
Califomia, being that portion of Parcel -1 of Parcel'Map' .No.. 23335 filed .in. Book 172,
Pages'87 through 89 of Parcel Maps in the Office of the County Recorder of said Riverside
· County, described as follows:
BEGINNING at the most easterly comer of said Parcel .1;
thence along the boundary ,line of said parce! through the following cou['ses:
South 48°07750" West 161.00 feet;
thence North 86°51 '48" West 32.53 feet;
thence North 41~51'27" West 195.55 feet, to the northerly line of said Parcel 1;
thence along said northerly line North 39°40'50" East 3.51 feet;
.thence South 42°31'43" East 169.76 feet to the beginning of a tangent curve concave
northerly and having a radius of 24.61 feet;
thence along said curve easterly 38.37 feet through a central angle Of 89°20'27";
thence tangent from said curve North 48°07'50" East 153.94 feet to the northeasterly line
of sald Parcel 1;
· Exhibit "A"
Winchester Koad
Temporary Construction Easement
gevised 6/0'I/03
10101661-M15
Page 2 of 2
thence along said northeasterly line South 41°50'12" East 25.00 feet'tO the POINT OF
BEGINNING.
cONTAINING:· 5355 Square Feet.
SUBJECT TO ali Covenants, Rights, Rights-of-Way and Easements of Record.
EXHIBIT "B" attached hereto and by this 'reference made a part hereof.
This~description was prepared
by me or under my dlr~ect~en.~
Thomas E. Vedoop, P.~S.~48,
My license expires 12/31/03~.7
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GRAPHIC SCALE , -. .
ill'-~o";o_?,° ~
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,.11 PARCEL
MAP
NO. 25,.,z~z5
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DATA TAI~E:.
1 N86'51 ' 48"W -- 32.53'
.2 89;20'27" 24.61' 38,37'
3 S41'5Q~ 12"E -- 25,~'
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APN 910-285-001
TACO BELL CORP ·
N48°O7'50"E
153.94'
'161.00'
N48°OT'50"E
P,O.[
N48'O7'50"E
(N48'OT'48"E)
"-~ C/L WINCHESTER
ROAD.
EXISTING 'LANDSCAPE MAINTENANCE EASEMENT
EXISTING MONUMENT WALL"& LANDSCAPE .EASEMENT
BIT 'B'
TEMPORARY CONSTRUCTION
· SHEET 1 OF .I'.SHEET
CONI~U LTINI3
REVISED JUNE 01, 2003 SCALE;
MAY 24,. 2002 1' "=60?
101016,61-M15