HomeMy WebLinkAbout04-076 CC Resolution
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RESOLUTION NO. 04-76
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 WINCHESTER ROAD
WIDENING PROJECT (APN 909-270-043)
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, narnely for perrnanent street and ternporary construction easements
in connection with the proposed widening and improvements of Winchester Road ("Projecf'),
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, at saq. (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 City seeks to acquire a permanent street easement and a temporary
construction easement on the property commonly known as 41540 Winchester Road,
Temecula, and identified as Assessor's Parcel Number ("APN") 909-270-043 ("Subject Property
Interests"). The term of the temporary construction easement is twelve (12) months. The
Subject Property Interests are required for the construction, widening, and improvements of
Winchester Road, which is a public use.
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 street easement is
shown on Exhibit "A" labeled "Legal Description for Street Dedication (Winchester Road)" and
depicted on Exhibit "B" identified with "T:\SURVEY\2310.06\PLATS\2310P02-1.dwg" on the
bottom left corner. The legal description to the temporary construction easement is shown on
Exhibit "A" labeled "Legal Description for Temporary Construction Easemenf' and depicted on
Exhibit "B" identified with "T:\SURVEY\2310.06\PLATS\2310P02-2.dwg" on the bottom left
corner.
Section 4. The Project is consistent with the City's General Plan and with the
Harveston Specific Plan. This portion of the Project would widen and improve eastbound and
westbound Winchester Road, west of Jefferson Avenue (approximately 700 linear feet). This
portion of the Project would also provide dedicated turn lanes to facilitate the turning
movements of vehicles without impeding through traffic. Further, this portion of the Project
would construct a raised median island (approximately 900 linear feet) on Jefferson Avenue,
north of Winchester Road, to prevent left turn movements within this heavily congested section
of Jefferson Avenue. Other portions of the Project would widen and improve Winchester Road
easterly from Jefferson Avenue to approximately 885 feet east of Ynez Road and improve the
intersections of Winchester and Ynez Roads, Winchester and Margarita Roads, and Winchester
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Road and the 1-15. 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. 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 ManagemenVPublic 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
determined that that there will be an increase in traffic levels under the Phase I - 2002
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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.
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 to the intersection of Winchester Road and Jefferson Avenue
proposed by this portion of 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 1-15 and Winchester Road and Margarita Road.
This portion of the Project includes the mitigation measures identified for the intersection of
Winchester Road and Jefferson Avenue.
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 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.
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.
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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.
Moreover, in accordance with Public Resources Code Section 21091 and CEQA Guidelines
Section 15072, the City provided Notice of Proposed Negative Declaration in connection with
this portion of the Project, comprised of the proposed widening of eastbound and westbound
Winchester Road, west of Jefferson Avenue (approximately 700 linear feet) to provide dedicated
turn lanes to facilitate turning movements and the construction of a raised median island
(approximately 900 linear feet) on Jefferson Avenue, north of Winchester Road. The County
Clerk posted the Notice of Proposed Negative Declaration on March 24, 2004 as required by
CEQA. The City provided the required public comment period in compliance with CEQA
Guidelines Section 15073.
The potential environmental impacts of the improvements comprising this portion of the
proposed Project, including the widening of eastbound and westbound Winchester Road, west
of Jefferson Avenue (approximately 700 linear feet) to provide dedicated turn lanes to facilitate
turning movements and the construction of a raised median island (approximately 900 linear
feet) on Jefferson Avenue, north of Winchester Road, were studied and analyzed in connection
with the Negative Declaration for the Winchester Road Widening - Environmental Assessment
No. 103 heard and approved by Minute Action For Agenda Item No. 13 on April 13, 2004 and
received and filed and adopted by the City Council on March 24, 2004, adopted by the City
Council on May 11, 2004 by Minute Action for Agenda Item No. 13. The adoption of the
Negative Declaration was based on an Initial Study prepared by City staff on March 24, 2004,
the Notice of Intent to Adopt the Negative Declaration, on the comments received on the
Negative Declaration, and the report of the proceedings in connection with the improvements
proposed by this portion of the proposed Project, and the public hearing on the Negative
Declaration. By Minute Action No. 13 from the May 11, 2004 City Council Meeting, the City
Council further found that the Negative Declaration reflects the independent judgment of the
City of Temecula as the lead agency for the environmental study. The City duly filed with the
County Clerk a Notice of Determination in compliance with Public Resources Code Sections
21108 and 21152 and CEQA Guidelines Section 15075.
All of the environmental documentation prepared in connection with Resolution No. 01-
70, including the Final EIR and the Mitigation Monitoring Program, and the documentation
prepared in connection with Resolution No. EA 103, including the Negative Declaration, has
been reviewed by City staff in connection with the proposed Resolutions of Necessity and on
May 11, 2004, 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 this portion of 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, the conditions imposed as part of their
approval, and the environmental findings in connection with Negative Declaration EA 103 are
the appropriate findings with respect to the proposed acquisition of the Subject Property
Interests.
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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.
The City Council of the City of Temecula hereby finds and determines that:
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 May 25, 2004, including the Agenda Report dated May 25,
2004 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, Mitigated Negative Declaration for EA-103, Ordinance No. 01-08, the City's
General Plan, and Development Code. These documents also include the Project Construction
Plans. The findings and declarations in this Resolution are also based upon any testimony,
records and documents produced at the hearing, all of which are incorporated by this reference.
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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 22nd
day of June 2004.
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ATTEST:
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STATE OF CALIFORNIA
COUNTY OF RIVERSIDE
CITY OF TEMECULA
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) ss
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I, Susan W. Jones, CMC, City Clerk of the City of Temecula, California, do hereby certify
that Resolution No. 04-76 was duly and regularly adopted by the City Council of the city of
Temecula at a regular meeting held on the 22nd day of June, 2004, by the following vote:
AYES: 4 COUNCILMEMBERS: Comerchero, Roberts, Stone, Naggar
NOES: 0 COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: Washington
ABSTAIN: 0 COUNCILMEMBERS: None
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EXHIBIT "A-I"
LEGAL DESCRIPTION FOR PERMANENT EASEMENT
(WINCHESTER ROAD)
BEING A PORTION OF PARCEL 2, OF PARCEL MAP NO. 22775, IN THE CITY OF
TEMECULA, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, AS SHOWN ON
MAP ON FILE IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY
IN PARCEL MAP BOOK 155, PAGES 56 THROUGH 57, RECORDED FEBRUARY
24, 1989 OF OFFICIAL RECORDS, MORE P ARTICULARL Y DESCRffiED AS THE
FOLLOWING:
BEGINNING AT THE MOST WESTERLY CORNER OF SAID PARCEL 2; THENCE
ALONG THE NORTHWESTERLY LINE THEREOF
1. NORTH 48°08'33" EAST 157.97 FEET TO AN ANGLE POINT IN THE
NORTHWESTERLY LINE OF
SAID PARCEL 2; THENCE
ALONG THE NORTHERLY LINE
THEREOF
2. SOUTH 84°46'06" EAST 33.69 FEET TO AN ANGLE POINT IN THE
I NORTHERLY LINE OF SAID
PARCEL 2; THENCE ALONG THE
NORTHEASTERLY LINE
THEREOF
3. SOUTH 37°40' 46" EAST 16.38 FEET THENCE DEPARTING SAID
NORTHEASTERLY LINE
4. NORTH 84°46'06" WEST 39.62 FEET THENCE
5. SOUTH 48°08'33" WEST 153.70 FEET TO A POINT ON THE SOUTH-
WESTERLY LINE OF SAID
PARCEL 2; THENCE ALONG
SAID SOUTHWESTERLY LINE
6. NORTH 37°20'37" WEST 12.04 FEET TO THE POINT OF BEGINNING.
CONTAINS 2309 SQUARE FEET OR 0.053 ACRE, MORE OR LESS.
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Notice of Rescheduling of Hearing on Resolution
EXHIBIT "A.2"
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LEGAL DESCRIPTION FOR TEMPORARY CONSTRUCTION EASEMENT
BEING A PORTION OF PARCEL 2, OF PARCEL MAP NO. 22775, IN THE CITY OF
TEMECULA, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, AS SHOWN ON
MAP ON FILE IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY
IN PARCEL MAP BOOK 155, PAGES 56 THROUGH 57, RECORDED FEBRUARY
24,1989 OF OFFICIAL RECORDS, MORE PARTICULARLY DESCRmED AS THE
FOLLOWING:
COMMENCING AT THE MOST WESTERLY CORNER OF PARCEL 2; THENCE
ALONG THE SOUTHWESTERLY LINE THEREOF;
1.
SOUTH 37°20'37" EAST
12.04 FEET TO THE TRUE POINT OF
BEGINNING; THENCE
DEPARTING SAID
SOUTHWESTERLY LINE
2.
NORTH 48008'33" EAST
153.70 FEET THENCE
3.
SOUTH 84°46'06" EAST
13.65 FEET THENCE
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4.
SOUTH 48008'33" WEST 163.78 FEET TO A POINT ON SAID SOUTH
WESTERLY LINE OF SAID
PARCEL 2; THENCE ALONG
SAID SOUTHWESTERLY LINE
5.
NORTH 37°20'37" WEST 10.03 FEET TO THE TRUE POINT OF
BEGINNING.
CONTAINS 1587 SQUARE FEET OR 0.036 ACRE, MORE OR LESS.
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Notice ofReschedoling of Hearing on Resolution
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EXHIBIT "B" - 2
NO SCALE
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