HomeMy WebLinkAbout03-116 CC ResolutionRESOLUTION NO. 03-116
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TEMECULA, CALIFORNIA INITIATING PROCEEDINGS TO
VACATE A PORTION OF RANCHO CALIFORNIA ROAD, IN
THE CITY OF TEMECULA, COUNTY OF RIVERSIDE, STATE
OF CALIFORNIA, AS SHOWN ON THE ATFACHED EXHIBITS
AAND B
THE CITY COUNCIL OF THE CITY OF TEMECULA DOES RESOLVE, DETERMINE
AND ORDER AS FOLLOWS:
WHEREAS, the Riverside County Flood Control and Water District granted an easement
to the City of Temecula for the purpose of constructing a road over the existing flood control
channel at Rancho California Road;
WHEREAS, the City of Temecula never constructed the road over the flood control
channel at Rancho California Road, even though it was depicted in the Circulation Element of
the General Plan;
WHEREAS, the City of Temecula has executed a Quitclaim Deed conveying the
easement back to the Riverside County Flood Control and Water District;
WHEREAS, the City of Temecula has initiated a procedure to vacate its interests in that
portion of Rancho California Road which was to cross over the existing flood control channel.
The right of way proposed to be vacated is described and depicted on Exhibits A and B,
attached hereto and incorporated herein by this reference;
WHEREAS, the proceeding merely proposes the vacation of a portion of Rancho
California Road which was never constructed, and will not facilitate any new construction,
development, increased traffic, or other use of property not currently in existence;
WHEREAS, it can be seen with certainty that there is no possibility that this activity may
have a significant effect on the environment and thus this decision is not subject to the
provisions of the California Environmental Quality Act ("CEQA") pursuant to CEQA Guidelines
Sections 15061 (b);
WHEREAS, notwithstanding the foregoing, and in addition to the foregoing, the
proposed street vacation of such portions of right-of-way is categorically exempt from review
under CEQA pursuant to CEQA Guidelines Section 15305;
Section 1: Pursuant to the provisions of Chapter 3, Part 3, Division 9 of the California
Streets and Highways Code (Section 8320 et seq.) entitled "General Vacation Procedures,"
The City Council of the City of Temecula hereby initiates proceedings to vacate that un-built
portion of Rancho California Road which would cross over the flood control channel, as
described and depicted on Exhibits A and B attached hereto and made a part hereof by this
reference.
Section 2: The City Council hereby sets the proposed vacation for a public hearing to
be held on October 28, 2003, at the hour of 7:00 p.m. in the Council Chambers at City Hall,
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43200 Business Park Drive, Temecula, California 92590, at which time any and all interested
persons may present evidence or object to the proposed vacation.
Section 3: The City Council hereby directs the Director of Public Works to cause to be
posted conspicuously along the line of the portion of Rancho California Road proposed to be
vacated, at least 10 days before the date set for hearing, notices of the proposed street
vacation, and the time and place of the public hearing. Such notices shall be posted no more
than 300 feet apart and at least three (3) such notices shall be posted in the manner set forth in
Streets & Highways Code Section 8323.
Section 4: The City Council hereby directs the City Clerk to certify to the adoption of
this Resolution and cause a copy thereof to be published once a week for two (2) successive
weeks in a newspaper of general circulation in the City of Temecula, before the date set for
hearing pursuant to Section 8322 of the Streets & Highways Code.
PASSED, APPROVED AND 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:
A']-rEST:
[SEAL]
__)'~ / ' ey E. Stone, Mayor
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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. 03-116 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:
5 COUNCILMEMBERS: Comerchero, Naggar, Pratt, Roberts, Stone
NOES: 0 COUNCILMEMBERS: None
ABSENT: 0 COUNCILMEMBERS: None
ABSTAIN: 0 COUNCILMEMBERS: None
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