HomeMy WebLinkAbout03-125 CC ResolutionRESOLUTION NO. 03-125
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 (41125
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
41125 Winchester Road, Temecula, and identified as Assessor's Parcel Number ("APN") 910-
281-003 ("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
910-281-003 is shown on Exhibit "A," which is marked on the top right hand corner with the job
number ("JN") 10101661-M6. This permanent easement is depicted on Exhibit "B" also marked
with JN 10101661-M6. The legal description of the temporary construction easement is shown
on Exhibit "A," marked on the top right hand corner with JN 10101661-M14 and depicted on
Exhibit "B" also marked with JN 10101661-M14. 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, 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 1-15
northbound ramp by adding a westbound right-turn lane (dual right). These improvements will
R:/Resos 2003/Resos 03-125 I
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 Harvesten 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 ManagementJPublic 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
R:/Resos 2003/Resos 03-125 2
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
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 03-125 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 03-125 4
upon any testimony, records and documents produced at the headng, 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
16~ day of September, 2003.
.ATTEST:
[SEAL]
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. 03-125 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: 1 COUNCILMEMBERS: Pratt
ABSENT: 0 COUNCILMEMBERS: None
ABSTAIN: 0 COUNCILMEMBERS: None
Susan W. J~bnes, CMC
~ ~_..~ City Clerk
R:/Resos 2003/Resos 03~125 5
RBF CONSULTING
27555 Ynez Road, Suite 400
Temecula, CA 92.591
Revised June 01,2003
May 24, 2002
JN 10101661.M6
' Page 1 of 2
EXHIBIT "A"
WINCHESTER ROAD
That certain parcel of land situated in the City of Temecula, County of Riverside, State of
California, being that portion of'Parcel 1 of Parcel Map No. 19677 filed in Book 13[~,
Pages 85 and 86 of Parcel Maps in the Office of the County Recorder of said Riverside
County, described as follows:
BEGINNING at the most northerly corner of said Parcel 1;
thence along the boundary line of said parcel through the following courses:
South 41 °51'27" East 214.69 feet;.
thence South 03o08'28'' West 32.55 feet;
thence South 48°07'50" West 354.21' feet;
thence leaving said boundary line North 45°08'43" East 74.21 feet to .the beginning.of a
.tangent curve concave southeasterly and having a radius of 4653.53 feet; '
thence along said curve northeasterly 252.55 feet through a central angle of 03°06'34";
thence tangent from said curve North 48°13!17" East 4.35 feet;
thence South 41°'46'43" East 0.97 feet to a point on a non-tangent curve concave westerly
and having a, radius of 41.01 feet, a radial line of said curve from said point beam
North 43°09'14'' West;
thence ~long said curve northerly 61.65 feet through a central angle of 86°08'16";
thence non-tangent from said curve'South ~,9°20'05'' West 0.97 feet;
thence North 40°39'55" West 55.26 feet to the beginning of a tangent curve concave
southwesterly and having a radius of 2580.05 feet;
Exhibit "A"
Winehester Road
Revised 1uno 01, 2003
/lq 10101661-M6
Page. 2 of 2
thence along said curve northwesterly 1.0,49 feet through a central angle of 00°13'59" to
.. the beginning of a reverse curve concave southeasterly and having a radius of 74.80 feet,
. a radial line of said curve from said point beam North 49006'06'' East;
thence along said curve northwesterly 22.00 feet through a central angle of 16°50~54";
thence North 40047'03'' West ~101.98 feet to the northerly!ine of said Parcel 1;
thence along said northerly line North 71°07'22" East 0.47 feet to the TRUEPOINT OF
BEGINNING,
CONTAINING: 3730 Square Feet.
SUBJECT TO all Covenants, Rights, Rights~of-Way and Easements of Record.
EXHIBIT "B' attached he.teto and by this reference made a part hereof.
· This'description was prepared
' by me or under my direction.
~o~a~ I~ Verloop, )b.L.~,\§348
My license expires 12/31/03.
H.'~d~U.010166i'~JD~AI.~SX66 ligl01)6.mvl)d
0 60 1;
GRAPHIC'SCALE
DATA TABLE'
BRNG/DELTA RADIUS . LENGTH
1 N45' 06' 45"E -- 74,21 '
2 N48° 15' 17'E -- 4;55'
5 S41' 46' 45"E -- 0,97'
4 86'08' 16" 41,01 ' 6t,65'
5 .S49' 20' 05"W -- . 0,97'
6 N40' 39' 55"~ -- 55,26'
7 00'13'59" 2580,05' 10,49'
8 16'50'54" 74.80' 22,00'
9 N40' 47'05"~ -- 101,98'
~0 N71' 07'-22"E ~- 0,47'
PM NO. 19677
180
PMB
PCL . 1
APN 910-281-005
EH~ ASSOCIATES
5~' L=252,55'
1,_,z5/85-86
S48' 07' 5O" W
_ '.f/--C/L
N48° 07' 50"E
554,21' /'
· N45°0~.~.14_."~_/×
(R) SOS'OS'28"W
52.55
W~NCHESTER ROAD
(N48'O8"~5"E)
I
I--. '75.00'
~ EXISTIN~ ACCESS'ROAD EASEMENT
(~EXISTING SLOPE AND DRAINAGE EASEMENT
EXHIBIT
WINCHESTER ROAD
SHEET 1
CONBULTING
DF 1 SHEET
REVISED 6/01/03 SCALE
MAY 24, 2002 1"=60' 10101661-M6
RBF CONSULTING
27555 Ynez Road, Suite 400
. Teme~ula, CA 92691
Revised June 19, 2002
May 24, 2002
JN 10101661.M14
Page 1 of 2
EXHIBIT "A" ·
WINCHESTER ROAD
TEMPORARY CONSTRUCTION EASEMENT
That certain parcel of land situated in the City of Temecula, County of RlverSldel State of
California, being that portion of Parcel 1 of Parcel Map No. lg877 filed In Book
.Pages 85 and 88 of Parcel Maps In the Office of the County Recorder of said Riverside
County~ described as follows:
BEGINNING at the' most northerly comer of said Parce.I 1;
thence along the boundary line of said parcel through the following courses:
South 41 °51 '27" East 214.69 feet;,
thence South 03°08'281' West 32.55 feet ·
{h'ence South 48°07'50" west 354~21 feet;
thence leaving Said boundary line North 44°53'17". West 17.99 feel
thence North 48~07'50" East 65.80 feet;
thence North 41°46'34;' West 62,81 feet;
thence North 48°13'26" East 169.8{) feet;
thence South 41'°46'34" East 6t.01 feet;
thence North ~,8°26'09'''East 97..27.feet;
thence North 02°53'4~'' East 36.57 feet;
thence North 40°$5'56" West 118.20 feet;
thence South 48°08'33" West 14.81 feet;
l~xhibit
'Winchester Road ..
Temporei~ Construction ~.~sement
Revised June 19, 2002
J'lq 10101661.M14
Page 2 of 2
thence' North 41°51'27" West 87.11 feet to the northwesterly line of'said Parcel 1;
thence along .sald northwesterly line North 69°23'32" East34.52 feet to the POINT OF
BEGINNING.
CONTAINING: 22963 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_~y direction.
J~o~d~.~lathe, P.L.'S. 6;185,
My license expires 3131100.
I~'~]q)ATA~ 010 i 6~ I~DlvflI~L~OALS~6 IJ~014.wd
160
.C. RAPHIC SCALE
DATA TABLE
BI~g/OELTA RAOIUS LEITH
I SO3'OS'28"W -~ 32,55'.
2 N44*53'lT'W -- 17,gE'
3 N4B'O?'50"E -- 85,80'
4. N41'46'34'W -- 62,81'
5 S4~*46'34"E -- 61,01'
6 NO2*53'43"E -- 36,57'
7 S48'08~33"W -- 14,61'
PM NO.
19677 PIvlB 155/85-86
PCL. 1
APN 910-281-005
N48' 13'26"E
169.89'
I
~l--] ~ N48'26'OO"E
I I'_. 97.27'
I N69'~,3'32"E
354.21
r.---C/L. W ! NCHESTER ROAD_
· ~) EXISTING ACCESS ROAD EASE:KENT ~) EXISTING. SLOPE AND DRAINAGE EASEUENT
(~ EX! ST ! Ng. ! NGRESS AND' E~RESS E:,~S,~IEI, IT
EXHIt~IT ']~' SHEET
TEMPORARY CONSTRUCTION 'L~, ·
EASEMENT ~313 N a U L?IN ra
REV[SED6/19/02
MAY.24,2002
SCALE
1 "=80'
1 Df. 1 SHEET
I=I.ANNING · 131~IIIBN I Q~INSTRU~I'II3N
Jnil ND,
10101661-D14