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HomeMy WebLinkAbout04-077 CC Resolution I I I RESOLUTION NO. 04-77 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 909-270-042) 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 street 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 City seeks to acquire a permanent street easement and a temporary construction easement on the property commonly known as 41530 Enterprise Circle South, Temecula, and identified as Assessor's Parcel Number ("APN") 909-270-042 ("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 "8" 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 "8" identified with "T:\SURVEY\2310.06\PLATS\2310P04-1.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 "8" identified with "T:\SURVEY\2310.06\PLATS\2310P04-2.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 R:JResos 2004/Resos 04-77 I I I 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 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. R:/Resos 2004/Resos 04-77 I I I 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. 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. R:/Resos 2004/Resos 04-77 I I I 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. 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 Item No. 13 on April 13, 2004 and received, filed and 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. R:/Resos 2004/Resos 04-77 I 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: The public interest and necessity require the Project; A. The Project is planned and located in the manner that will be most compatible with the greatest public good and least private injury; B. The property described in Exhibits "A" and "B" attached hereto is necessary for the Project; and C. The City made the offer required by section 7267.2 of the Government Code to the owners of record. I 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. 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. ATTEST: I R:/Resos 2004/Resos 04-77 I I I STATE OF CALIFORNIA COUNTY OF RIVERSIDE CITY OF TEMECULA ) ) ss ) I, Susan W. Jones, CMC, City Clerk of the City of Temecula, California, do hereby certify that Resolution No. 04-77 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 R:/Resos 2004/Resos 04-77 I EXHIBIT 'A' LEGAL DESCRIPTION FOR STREET DEDICATION (WINCHESTER ROAD) BEING A PORTION OF PARCEL 1, OF PARCEL MAP NO. 22775, IN THE CITY OF TEMEC- ULA, 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 INCLUSIVE, RECORDED FEBRUARY 24, 1989 MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE MOST NORTHERLY CORNER OF SAID PARCEL 1, THENCE ALONG THE NORTHWESTÈRLY LINE THEREOF 1. 200.50 FEET SOUTH 48°08'33" WEST 2. SOUTH 04°21'41" WEST 33.24 FEET I 3. SOUTHEASTERLY 16.83 FEET 4. NORTH 04°21'41" EAST 40.23 FEET; 5. NORTH 48°08'33" EAST 194.73 FEET 6. NORTH 37°20'37" WEST 12.04 FEET CONTAINS 2,811 TO AN ANGLE POINT ON SAID NORTH- WESTERLY LINE; THENCE CONTINUING ALONG THE WESTERLY LINE OF SAID PARCEL 1 TO THE BEGINNING OF A NON- TANGENT 639.00 FOOT RADIUS CURVE CONCAVE TO THE SOUTHWEST, A RADIAL LINE TO SAID BEGINNING BEARS NORTH 48°08'33" EAST; THENCE ALONG THE SOUTHWESTERLY BOUNDARY OF SAID PARCEL 1 AND THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 1 °30' 34"; THENCE DEPARTING SAID SOUTHWESTERLY BOUNDARY THENCE TO A POINT ON THE NORTHEASTERLY LINE OF SAID PARCEL 1; THENCE ALONG SAID NORTHEASTERLY LINE TO THE POINT OF BEGINNING. ACRE, MORE OR LESS. I R'WPIlegoJl23OOo.231G-P04-RW.OOC .5'ë ~ ß 5-1£-03 SCOTT HURST DATE L.S. 7178 EXPIRATION DATE 12/31/2003 I /\Ý) /\ <}; "'" Q) ¿v > </ ()C) ç" «~ PCB & IA I ,&. ..5"--1' '03 scorr A HURST L.5. 7178 RfGlSTRAnON EXPIRES 12/JI/0J DATE T"SURVEY\2310,06 \PLA TS'231OP04-l.clwg Mo.y 16, 2003 - 7'19o.M APN 909-270-042 1 EXHIBIT 'A' LEGAL DESCRIPTION FOR TEMPORARY CONSTRUCTION EASEMENT BEING A PORTION OF PARCEL 1, OF PARCEL MAP NO. 22775, IN THE CITY OF TEMEC- ULA, 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 INCLUSIVE, RECORDED FEBRUARY 24, 1989 MORE PARTICULARLY DESCRIBED AS THE FOLLOWS: COMMENCING AT THE MOST NORTHERLY CORNER OF SAID PARCEL 1, THENCE ALONG THE NORTHEASTERLY LINE THEREOF 1. SOUTH 37°20'37" EAST 12.04 FEET 2. SOUTH 48°08'33" WEST 194.73 FEET; 13. SOUTH 04°21'41" WEST 28.91 FEET; 4. NORTH 48°08'33" EAST 214.02 FEET 5. NORTH 37°20'37" WEST 20.06 FEET TO THE TRUE POINT OF BEGINNING; THENCE DEPARTING SAID NORTHEAST- ERLY LINE THENCE THENCE TO A POINT ON SAID NORTHEASTERLY LINE; THENCE ALONG SAID NORT H- EASTERLY LINE TO THE TRUE POINT OF BEGINNING. CONTAINS 4,088 SQUARE FEET OR 0.094 ACRE, MORE OR LESS. I PAGE 1 OF 1 I<IWP\LegaI\23Q0\231D-P04- TCE.OOC ~~ß P 5-/6-0 ? SCOTT HURST DATE L.S. 7178 EXPIRATION DATE 12/31/2003 " Îi EXHIBIT "B"/ / / L~ N / // ~ ~ / +- ~~ ~ ~ / ~W 'i~" SITE '\ dO~~ ~ //// ~~~ ,~/ W VICINITY MAP ~"'~ NO SCALE ~ / 4"~~'\' / ~ð /~~~~~ / ~~'iI' . ..G~.~ .....'~.../ . . ~v ,'\. ~~/ . . . I'.C:J ri~"".9J/ ~~:-:y r~V / ~~ ..~;/ J!.+:' +¿ ~VL ~"'~IJ'/ . Ä~\)'\. - ~~ ~~~~ / .")~" + +::- + ~. "\' ~ ~~++^, / ' . '?~ + + +)1' "0. x; // {,;. +: :~.fi'" ~ + +~y~r¡,~ S.0471'41"W +../0.+ + +7 ~ <'<>' 2B.91' ¡~'/ ) (; \ + 1('. «"" <' ':v ,~ I \\ ~ (Ý '€.~A - " \ \ <¿ (~" J «)' ""/) 'v \ \ () ~ ~~, ~ \\ <; (¿;\ ~ \\ ~ ~ ill \~ \\ o&~\ ~ 1ß ...> \ LEGEND ~~ -.> + + + INOICATtS TtMPORARY ~ ~ CONSTRUCnON EASEMENT <:J. AREA: 0.094 AC. OR 4088 S.F. \ \.;('\ POC POINT OF COMMENCEMENT \ . . TPOB TRUE POINT OF BEGINNING ~ ^ AN EASEMENT FOR MAlNTtNANCE OF ill LANDSCAPING PER INST. NO. 288710 REC. 12/2J/85. ^ AN 8' mDE EASEMENT IN FAVOR OF SOUTHERN ill CALIFORNIA EDISON COMPANY FOR UNDERGROUNO ELECTRICAL SUPPLY SYSTtMS ANDCOMMUNICAnON SYSTtMS PER INS[ NO. 149588 REC. 5/28/87. ^ AN 1O' mDE EASEMENT IN FAVOR OF RANCHO ill CALIFORNIA WATtR DISTRICT FOR PIPELINES AND STRUCTURES AND INCIOENTAL APPURTtNANCES PER INS[ NO. J6692J REG. 08/16/99. ~,\SU.~VE~Y~;,<;,310.0~6 :;'LA TS\2310P04-2.dwg I "'~¿ ~'Y'> I I h ¡~ rt ¿y /\?) C'</ /\ ()" J rì "- <" rì Y () \'" Y ?j/\ ~;, \?!}f' '\ ¿?) i\) ~ Q¡ ¿"'/ 'V ()CJ <"" (¿~ .5'-/6'-p3 scorl A. HURST L.5. 7178 REGISIRAIION EXPIRES 12/JI/OJ DAlE APN 909-270"042