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Home My WebLink About03-129 CC ResolutionRESOLUTION NO. 03-129 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 (40967 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 properly interests the City seeks to acquire are a permanent street easement, public utility easement, and a temporary construction easement on the property commonly known as 40967 Winchester Road, Temecula, and identified as Assessor's Parcel Number ("APN") 910-284-003 ("Subject Property Interests"). The term of the temporary construction easements is six (6) 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 910-284-003 is shown on Exhibit "A," which is marked on the top right hand corner with the job number ("JN") 10101661-Mll. This permanent easement is depicted on Exhibit "B" also marked with JN 10101661-M11. The legal description of the public utility easement is shown on Exhibit "A," marked on the top right hand corner with JN 10101661-M20 and depicted on Exhibit "B" also marked with JN 10101661-M20. The legal description of the temporary construction easement is shown on Exhibit "A," marked on the top right hand corner with JN 10101661-M16 and depicted on Exhibit "B" also marked with JN 10101661-M16. The Subject Property Interests are required for the construction, widening, and improvements of Winchester Road, including the relocation of utility facilities, 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, 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 R:/Resos 2003/Resos 03-129 1 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 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 Impact 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. Aisc, 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 Harvaston 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. R;/Resos 2003/Resos 03-129 2 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 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 N~). 01-70 but cannot be mitigated to a level of insignificance: long-term and short-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 03-129 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 ara 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 03-129 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. ATTEST: ~_~ ~~. Stone, 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. 03-129 was duly and regularly adopted by the City Council of the city of Temecula at a regular meeting held on the 16'" day of September, 2003, by the following vote: AYES: 4 COUNClLMEMBERS: Comerchero, Naggar, Roberts, Stone NOES: 1 COUNCILMEMBERS: Pratt ABSENT: 0 COUNClLMEMBERS: None ABSTAIN: 0 COUNCILMEMBERS: None J City Clerk R:/Resos 2003/Resos 03-129 5 RBF CONSULTING 27555 Ynez Road, Suite 400 Temeoula, CA 92691 EXHIBIT "A" WINCHESTER ROAD May 24, 2002 JN 10101861~M11 Page 1 of 1 That certain Parcel of land situated In the City of Temecula, County of Riverside, State of California, being that pertlon of Lot 1 of Tract No. 27690 filed .In Book 248, Pages 39 through 41 of Maps In.the Office of the County Recorder Of 'said Riverside County, described as follows: BEGINNING et the most easterly COmer'of Said Lot ;I; thence along the boundary line of said lot through the following courses:' South 48°07'50" West 226.35 feet; 'thence North 41'80'12" West 9.83 feet; then~ leaving said boundary line North 48°t3'17" East 226.34 feet to the nodheasterly line of said Lot 1; the~ce along said northeasterly line South 41°52'10" East 9.47 feet to the POINT OF BEGINNING.. CONTAINING: 2184 square Feet. SUBJECT TO all CovenantS, Rights, Rights-of-Way and. Easem. ents of Record, EXHIBIT "B" a~tached hereto and by this reference made a part hereof. This desorlptlon was prepared by m~y direction.' .J~,~mon~ Methe, P.L.S. 6185, "'My license expires 3131106. H:~)ATA\IOlO l~ I~,DMIJ, M, BOAL~ !18101 1: '~RAPHIC SCALE' ~)EXISTING SCE EASEMENT EXISTING LANDSCAPE MAINTENANCE EASEMENT EXISTING TRANSPORTATION COERIDOR 'TRACT NO. 2?690 MB 248/,.~9-41 LOT 1 -APN 910-284"005 TEMECULA I~EDICAL PARK DEV. ~P. N41°50'12"W .L- ....... -I . ~-.,-~------ J------- N48~OT!.50"E ~""-- C/L WINCHESTER ROAD SHEET EXHI]~[T ']~'. W ! NCHESTER ROAD~ ClO N a UI.TI NI~ ! .OF 1 SHEET MAY 24, 2002 1"=60' 10101661-Mll RSF CONSULTING 27655 Ynez Road, Suite 40'0 Temeoula, CA 92591 May 24, 2002 jN 10101'661.M20 Page 1 of 1 EXHIBIT "A" RANCHO CALIFORNIA WATER DISTRICT ' WATER EASEMENT That certaln parcel of land situated In the City of Temecula, County of Riverside, State of California, being that portion of Lot I of Tract No. 27690 filed in Book 248, Pages 39 through 41 of Maps in .the Office of the County Recorder of said Riverside County, described as follows: 'COMMENCING at the most southerly corner of said Lot 1; thence along the Southwesterly line of said lot North 41°50'12" West 9.83 feet; thence North 48°13'17" East 47.49 feet to the TRUE POINT OF BEGINNING; thence North 42°21'33" West 1 ! .64 feet; thence North 47°38'27" East 19.75 feet; thence South 42°21'33" East 11.84 feet; thence South 48°13'17" West 19.75 feet to the TRUE POINT OF BEGINNING. CONTAINING: ~ 232 Square. Feet. SUBJECT TO all 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 ~"RaY~ond C M~,tho, p.L''$. 6185, My license expires 3/3110~. H:~PDATA\i 0101661 V~D~6 ll~020.wpd GRAPHIO SCALE DATA TABLE EXISTING SC£ EASEMENT ----~----? ....................~ ......... EXISTING 'TRANSPORTATION CORRIDOR 3 N42,21,33,,W -- 11 ,~$'~ ' TRACT NO. 27690 '. ' ; // ~ ..... . u_~~---~-'-~. ~t ...... N. 48~ 07' 50'"E. ~ C/L WINCHESTER ROAD I rsH - -rI [IF ! SHEET EXHI]]ZT ']Y ' , ' ~lBIl~llmlllll~lmmll~ PI.,4,NHIHO · RANCHO GAL I FORN I A ~ , I',.WATER DISTRICT.m i! WATER EASEMENT I3ONeULTiNG'' II' U~; ~,~ o,~,~o ' "1 - SC*~' I ' ' J"" "",I ,. ) RBF CONSULTING 27665 Ynez Road, Suite 400 Temeoula, CA 92691 EXHIBIT "A" WINCHE8TER ROAD TEMPORARY CONSTRUCTION EASEMENT May24, 2002 JN 10101661.M16 Page 1 of 1' 'That certain-parcel of land situated in the City of Temeoula, County of Riverside, State of California, being.that portion of Lot I of.Tract No. 27690 filed in Book 248, Pages 39 through 41 of MaPs in the Office of the County Recorder of said Riverside County, · described as follows: BEGINNING at the most easterly comer of said Lot 1; thence along the boundary line of said lot .through the following courses: South 48°07'50" West 226.35 feet thence North 4'1°50'12'~ West 25.00 feet; thence leaving said boundary line North 48°07'50'.' East 226.3~ feet to'the northeasterly line of said Lot 1; thence along said northeasterly line South 41 ~52'10" East 25.00 feet to the POINT OF BEGINNING. ' CONTAINING: 5659 Square Feet. SUBJECT TO all Covenants, Rights, Rights-of-Way and Easements of Record. ExHIBIT "B" attached hereto and by this. reference made a part hereof. This desoriptlon was prepared · /ly'llcense expires'3131106. ' 'GRAPHIC SCALE ~) EXISTING SCI[ EASEMENT ~) EXISTING LANDSCAPE MAINTENANCE EASEMENT (~) EXISTING TRANSPORTATION CORRIDOR N41°50' 12"W I TRACT NO. 27690 MB. 248/59-4 1 LOT 1 ,4PN 910-284'-005 TE'I~E~A MEDICAL PARK DEV. N48°O7'50"E N48*O7'50"E N48' 07' 50"E WINCHESTER ROAD SHEET EXHIBIT TEMPORARY CONSTRUCTION EASEMENT MAY 24, 2002 1"=60' 1 OF '1 SHEET 10101661-a16