HomeMy WebLinkAbout2023-14 CC ResolutionRESOLUTION NO.2023-14
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF TEMECULA DECLARING CERTAIN REAL
PROPERTY INTERESTS NECESSARY FOR PUBLIC
PURPOSES AND AUTHORIZING THE ACQUISITION
THEREOF IN CONNECTION WITH THE PUBLIC
STREET, DRAINAGE, ACCESS AND RELATED
IMPROVEMENTS FOR THE NICOLAS ROAD FROM
BUTTERFIELD STAGE ROAD TO THE CALLE
GIRASOL/NICOLAS ROAD CONNECTION (CERTAIN
PROPERTY INTERESTS ON APN 957-150-005) AND
MAKING FINDINGS THAT NO FURTHER
ENVIRONMENTAL REVIEW IS REQUIRED PURSUANT
TO SECTION 15162 OF THE CALIFORNIA
ENVIRONMENTAL QUALITY ACT GUIDELINES AND
SECTION 21166 OF THE PUBLIC RESOURCES CODE
THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY RESOLVE
AS FOLLOWS:
Section 1. Findings.
A. The City of Temecula ("City") is a municipal corporation, located in the County
of Riverside, State of California.
B. The City originally approved the Development Agreement between the City of
Temecula and Ashby USA, LLC (also known as the Pre -annexation and Development
Agreement) pursuant to Ordinance No. 02-14. The Development Agreement was recorded on
January 9, 2003 as Document No. 2003-018567 in the Official Records of the County of
Riverside. The Development Agreement was amended pursuant to: (1) the First Amendment to
the Development Agreement Between the City of Temecula and Ashby USA, LLC, dated
February 14, 2006 and recorded on March 7, 2006 in the Official Records of Riverside County as
Document No. 2006-0162268; (2) the Second Amendment to the Development Agreement
Between the City of Temecula and Ashby USA, LLC, dated April 23, 2013 and recorded on July
3, 2013 in the Official Records of Riverside County as Document No. 2013-0324057, and (3) the
Third Amendment to the Development Agreement dated March 8, 2016, and recorded on April
20, 2016 in the Official Records of Riverside County as Document No. 2016-0156276.
Developer Woodside 05S, LP, a California Limited Partnership and Wingsweep Corporation, a
California corporation are the successors to certain of these approved applications for
development and propose to construct the Sommers Bend Project ("Sommers Bend Project" or
"Development Project").
C. To facilitate the orderly development of the Sommers Bend Project, the Third
Amendment to the Development Agreement was approved subject to certain conditions set forth
on Exhibit D (New Attachment 5-A to Development Agreement) to said Third Amendment.
Specifically, Condition 3(A) to Exhibit D contains a specific condition of approval requiring
Developer to construct certain public improvements in connection with Nicolas Road from
Butterfield Stage Road to the Calle Girasol/Nicolas Connection:
Description of Public Improvement. Complete engineering design and construct
full Nicolas Road improvements from Butterfield Stage Road to the Calle
Girasol/Nicolas Road Connection.
... Owners of Phase II Property shall be required, on behalf of the City, to
provide for all required engineering design, construction plans, CEQA analysis &
processing, environmental mitigation measures, right-of-way acquisition, and to
obtain all necessary Resource Agency and Riverside County Flood Control and
Water Conservation District permits.
Resource Agency permits for the offsite portion of Nicolas Road from Butterfield
Stage Road to the Calle Girasol/Nicolas Road Connection were not obtained with
the Resource Agency permits for Roripaugh Ranch Phase II. Due to Resource
Agency regulations, the offsite portion of Nicolas Road from Butterfield Stage
Road to the Calle Girasol/Nicolas Road Connection should be combined with the
permits for the Santa Gertrudis Creek Channel improvements downstream of the
existing culverts at Butterfield Stage Road and processed and obtained as a single
package.
D. The Project requires the acquisition of an approximate 26,957 square foot
permanent maintenance and access easement and an approximate 31,520 square foot temporary
construction easement with a term of twelve months on the real property located at 31270
Tommy Lane, Temecula, and identified as Riverside County Tax Assessor's Parcel Number 957-
150-005 described more particularly at Section 4 below.
E. Pursuant to California Government Code Section 66462.5, when a condition of a
subdivision map approval or a development agreement requires the installation or construction of
improvements on offsite property not owned or controlled by a developer, and title cannot be
obtained by negotiated purchase, a city is required to commence proceedings to acquire off -site
property by eminent domain or such off -site improvement conditions will be waived. Pursuant
to Government Code Section 66462.5(c), a city and a developer may enter into an agreement to
allocate the costs and responsibilities for acquisition of such off -site property. The City and the
developer of the Sommers Bend Project entered into that certain Agreement Pursuant to
Government Code Section 66462.5 Between Woodside 055, LP and Wingsweep Corporation, on
the one hand, and City of Temecula, on the other, for Acquisition of Certain Real Property
Interests (Calle Girasol/Nicolas Road Connection) as of April 12, 2022 in connection with the
subject offsite public improvements.
Section 2. Adoption of Resolution of Necessity. The City Council of the City of
Temecula adopts Resolution No. 2023-14, A Resolution of the City Council of the City of
Temecula Declaring Certain Real Property Interests Necessary for Public Purposes and
Authorizing the Acquisition Thereof in Connection with the Public Street, Drainage, Access and
Related Improvements for the Nicolas Road from Butterfield Stage Road to the Calle
Girasol/Nicolas Road Connection (Certain Property Interests on APN 957-150-005) and Making
2
Findings that No Further Environmental Review is Required Pursuant to Section 15162 of the
California Environmental Quality Act Guidelines and Section 21166 of the Public Resources
Code.
A. The City hereby adopts the Resolution of Necessity authorizing the acquisition by
eminent domain of the approximate 26,957 square foot permanent maintenance and access
easement and the approximate 31,520 square foot temporary construction easement with a term
of twelve months described more particularly in Section 3 below public use, namely for the
construction of certain public off -site improvements, consisting of public street, drainage, access,
public utility and related improvements, and all uses necessary or convenient thereto in
connection with the proposed extension of Nicolas Road from Butterfield Stage Road to the
Calle Girasol/Nicolas Road pursuant to the authority conferred on the City of Temecula to
acquire real property by eminent domain by Section 19 of Article 1 of the California
Constitution, Government Code Sections 37350, 37350.5, 37351, 40404, and 66462.5, 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, 1240.510, 1240.610, 1240.650 and
by other provisions of law. Code of Civil Procedure, Section 1240.010 provides that "[t]he
power of eminent domain may be exercised to acquire property only for a public use. Where the
Legislature provides by statute that a use, purpose, object, or function is one for which the power
of eminent domain may be exercised, such action is deemed to be a declaration by the
Legislature that such use, purpose, object, or function is a public use." Government Code
Section 66462.5(c) authorizes the City and the developer of a project for which the construction
of offsite improvements are required to enter into an agreement requiring the developer to
complete the improvements pursuant to Government Code Section 66462 at such time as the
City acquires an interest in the land that will permit such improvements to be constructed.
Government Code Section 66462.5(a) provides that a city or county may "acquire by negotiation
or commence eminent domain proceedings pursuant to Title 7 (commencing with Section
1230.010) of Part 3 of the Code of Civil Procedure to acquire an interest in the land which will
permit the improvements to be made, including proceedings for immediate possession of the
property under Article (commencing with Section 1255.410) of Chapter 6 of that title."
Section 3. Subject Property Interests. The City hereby authorizes the acquisition by
eminent domain of the following property interests (referred to below collectively as the
"Subject Property Interests") on the real property located at 31270 Tommy Lane, Temecula, and
identified as Riverside County Tax Assessor's Parcel Number 957-150-005 for public use,
namely for the construction of certain public improvements, consisting of public street, drainage,
access, public utility and related improvements, and all uses necessary or convenient thereto in
connection with the improvements for the Nicolas Road from Butterfield Stage Road to the Calle
Girasol/Nicolas Road Connection:
• An approximate 26,957 square foot permanent maintenance and access
easement described more particularly on ATTACHMENT A and depicted on
ATTACHMENT B attached hereto and incorporated herein by this reference.
• An approximate 31,520 square foot temporary construction easement with a
term of twelve months is described more particularly on ATTACHMENT A-1
3
and depicted on ATTACHMENT B-1 attached hereto and incorporated herein
by this reference.
Section 4. Environmental Review.
A. The environmental effects of the Project and the acquisition of the real property
interests needed for the Project were studied and analyzed as an integral part of the
Environmental Impact Report for the Roripaugh Ranch Specific Plan ("EIR") pursuant to the
California Environmental Quality Act ("CEQA"), Public Resources Code Section 21000 et seq.,
and the CEQA Guidelines, 14 Cal. Code Regs. Section 15000 et seq. ("CEQA Guidelines"). On
November 26, 2002, the City Council adopted Resolution 02-111, A Resolution of the City
Council of Temecula, California, Certifying the Final Environmental Impact Report Prepared for
the Roripaugh Ranch Specific Plan and Related Planning Applications Actions and Adopting the
Environmental Findings Pursuant to the California Environmental Quality Act, and the State
CEQA Guidelines, a Mitigation Monitoring and Reporting Program and a Statement of
Overriding Considerations, in Connection therewith for the Roripaugh Ranch Specific Plan,
Located near the Future Intersection of Butterfield Stage Road and Nicolas Road (Planning
Application 94-0076). Said environmental documents are incorporated herein by this reference.
Since the adoption of the EIR, five EIR Addendums have been prepared for the Development
Project area. The most recent Addendum to the EIR was adopted on January 14, 2020.
B. On January 10, 2023, City Staff reviewed the environmental documentation
prepared in connection with the Development Project in connection with Staff s review of the
proposed acquisition of the Subject Property Interests for the Project. City Staff reviewed the
EIR, the First Addendum to the EIR adopted on April 23, 2013, the Second Addendum to the
EIR adopted on March 22, 2016, the Third Addendum to the EIR adopted on January 23, 2018,
the Fourth Addendum to the EIR adopted on November 6, 2019, the Fifth Addendum to the EIR
adopted on January 14, 2020, and determined that the Project and acquisition of the Subject
Property Interests needed for the Project are consistent with the EIR and Addenda to the EIRs.
Pursuant to the criteria of Section 15162 of the CEQA Guidelines and Section 21166 of the
Public Resources Code, City Staff concluded that no substantial changes have occurred in the
Development Project, no substantial changes have occurred in the circumstances under which the
Development Project is undertaken, and the City has obtained no new information of substantial
importance that would require further environmental analysis. These environmental findings are
the appropriate findings with respect to the proposed acquisition of the Subject Property Interests
for the Project. The above documents are referred to below collectively as the "Environmental
Documents".
Section 5. The Project, as planned and designed, is in the public interest and necessity
and is needed to construct the public street, drainage, access, public utility and related
improvements in connection with the proposed extension of Nicolas Road from Butterfield Stage
Road to the Calle Girasol/Nicolas Road. The Subject Property Interests are required to protect
the street improvements that will be constructed within the existing right of way as part of the
construction and extension of Nicolas Road from erosion. The Subject Property Interests are
required for the construction of drainage purposes in connection with the Project, including
construction of culverts, and related improvements, to protect the street improvements from
flooding, and to provide access to the permanent maintenance and access easement.
C. The Project, as planned and located, is consistent with the circulation and street
system in the Roadway Plan depicted in the City of Temecula General Plan (Figure C-2).
Construction of the drainage improvements and rip rap in the permanent access and maintenance
easement portion of the Subject Property Interests is necessary to protect the street improvements
from erosion and flooding. The drainage and rip -rap improvements will also help minimize
flooding on the remainder portions of the Property.
D. The Project is planned and located in the manner that is most compatible with the
greatest public good and the least private injury. The Project, as planned and designed, seeks to
minimize the impact on private parcels. The Subject Property Interests are located in the
portions of the Property within the Long Valley Wash, a natural flood control channel that
experiences flooding during rain events. The drainage and rip -rap improvements will help
minimize flooding on the remainder portions of the Property. The construction of the Project
will not result in the displacement of any persons because the residence located on the Property
are not located in the area of the Subject Property Interests. Based on the timing of the Project, it
is necessary that the City consider the acquisition by eminent domain of the Subject Property
Interests to proceed with the construction of the public street, drainage, rip -rap, access, public
utility and related improvements for the Project.
E. The public use for which the City seeks to acquire the Subject Property Interests
in connection with the Project, namely for public street, drainage, access, public utility and
related improvements, and all uses necessary or convenient thereto in connection with the Project
will not unreasonably interfere with or impair the continuance of the public use to which any
easement holders may have appropriated the areas (Code of Civil Procedure Section 1240.510).
Section 6. Offer Letter. Pursuant to Government Code Section 7260 et seq., the City of
Temecula obtained a fair market value appraisal of the Subject Property Interests and the
Property. The City set just compensation for the Subject Property Interests in accordance with
the fair market values. The City retained Overland Pacific & Cutler ("OPC") as its acquisition
consultant to assist the City with the City's good faith negotiations for the acquisition of the
Subject Property Interests. On October 4, 2022, the City extended a written offer pursuant to
Government Code Section 7267.2 to the owners of record, Jose Leonardo Garcia and Mayerling
Alida Monteros-Garcia. The offer letter contained an appraisal summary statement that
described the zoning, highest and best use of the Property explained the appraiser's valuation
methodology, and included the comparable sales data relied on by the appraiser. The offer letter
offered to pay the reasonable costs, up to $5,000, of an independent appraisal pursuant to Code
of Civil Procedure Section 1263.025. Further, the offer letter included an eminent domain
pamphlet that explained the eminent domain process and the rights of the record owners. The
City attempted to negotiate in good faith with the record owners. The record owners sent a letter
to OPC dated November 21, 2022 advising OPC that they refused the City's offer and instructed
OPC to contact their counsel. On January 18, 2013, counsel for the record owners, OPC
representatives, City Staff and the City Attorney's office met to discuss the Project and the
proposed acquisition of the Garcia Property Interests. The Parties have not reached a negotiated
agreement for the City's acquisition of the Subject Property Interests.
Section 7. Notice Pursuant to Code of Civil Procedure Section 1245.235. Pursuant to
Code of Civil Procedure Section 1245.235, the City sent a letter and a notice by first-class mail
5
dated January 24, 2023 to the owners of record, Jose Leonardo Garcia and Mayerling Alida
Monteros-Garcia, the record owners of the Subject Property Interests. The letter and notice
informed the record owners of the City's intent to consider at its February 14, 2023 meeting, the
adoption of a Resolution of Necessity for the acquisition by eminent domain of the Subject
Property Interests in connection with the Project. The noticed advised the record owners of their
right to appear and be heard regarding the City's proposed adoption of the Resolution of
Necessity by filing, within fifteen (15) days of the date the notice was mailed, a written request
with the City to appear at the hearing. The notice specifically informed the record owners of the
Subject Property Interests that the record owners have an opportunity to appear before the City
Council and raise questions about whether the public interest and necessity require the Project;.
whether the Project is planned or located in the manner that will be most compatible with the
greatest public good and the least private injury; and whether the Subject Property Interests the
City seeks to acquire from the owners of record are necessary for the Project. On January 25,
2023, City Staff sent a courtesy copy of said notice by electronic mail to counsel for the record
owners.
Section 8. Based on the evidence presented at the hearing regarding the acquisition of the
Subject Property Interests for the Project, including the Agenda Report, the documents
referenced therein, and any oral or written testimony at the hearing, the City Council 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 the least private injury;
C. The Subject Property Interests, consisting of the approximate 26,957 square foot
permanent maintenance and access easement described more particularly on ATTACHMENT A
and depicted on ATTACHMENT B hereto, and the approximate 31,520 square foot temporary
construction easement for a term of twelve months described more particularly on
ATTACHMENT A-1 and depicted on ATTACHMENT B-1 hereto, are necessary for the
Project; and
D. The City has made the offer required by Government Code Section 7267.2 to the
owners of record of the Subject Property Interests the City seeks to acquire.
Section 9. The findings and declarations contained in this Resolution are based upon the
record before the City Council, including the Agenda Report, and all documents referenced
therein, all of which are incorporated herein by this reference and testimony and/or comments
submitted to the City by the record owner or the owner's representative(s). These documents
include, but are not limited to the City of Temecula General Plan, the documents relating to the
Sommers Bend Development, offer letter sent to the owner pursuant to Government Code
Section 7267.2, notice pursuant to Code of Civil Procedure Section 1245.235, and
Environmental Documents relating to the Development Project.
Section 10. Authorization to File Eminent Domain Proceeding. The City Attorney's
Office is authorized to take all steps necessary to commence and prosecute legal proceedings in a
6
court of competent jurisdiction to acquire the Subject Property Interests, consisting of the
approximate 26,957 square foot permanent maintenance and access easement described more
particularly on ATTACHMENT A and depicted on ATTACHMENT B hereto, and the
approximate 31,520 square foot temporary construction easement for a term of twelve months
described more particularly on ATTACHMENT A-1 and depicted on ATTACHMENT B-1
hereto.
Section 11. City Manager Authority. The City Manager is authorized to execute all
necessary documents in connection with the eminent domain proceeding.
Section 12. Certification. The City Clerk shall certify the adoption of this Resolution.
PASSED, APPROVED, AND ADOPTED by the City Council of the City of Temecula
this 14t' day of February, 2023.
ATTES
Randi Johl, ity Clerk
[SEAL]
1
Zak Schwank, Mayor
7
1
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss
CITY OF TEMECULA )
I, Randi Johl, City Clerk of the City of Temecula, do hereby certify that the foregoing
Resolution No. 2023-14 was duly and regularly adopted by the City Council of the City of
Temecula at a meeting thereof held on the 14th day of February, 2023, by the following vote:
AYES: 5 COUNCIL MEMBERS: Alexander, Brown, Kalfus, Schwank,
Stewart
NOES: 0 COUNCIL MEMBERS: None
ABSTAIN: 0 COUNCIL MEMBERS: None
ABSENT: 0 COUNCIL MEMBERS: None
4 �
Randi Johl, City Clerk
8
0
1
ATTACHMENT A
Description of Permanent Access and Maintenance Easement
I
1
1
EXHIBIT "A"
LEGAL DESCRIPTION
CITY MAINTENANCE EASEMENT
APN: 957-150-005, GARCIA PROPERTY
That portion of Parcel 1 of Parcel Map No. 13678, in the City of Temecula, County of Riverside, State
of California, as shown on the map recorded in Book 73, Pages 85 and 86 of Parcel Maps, in the Office
of the County Recorder of said Riverside County, described as follows:
COMMENCING at the Centerline Intersection of Nicolas Road and Calle Girasol as shown on said
Parcel Map No. 13678;
Thence along the centerline of said Nicolas Road North 65°58'34" East 146.35 feet;
Thence leaving said centerline South 24°01'26" East 55.00 feet to the northwesterly line of said Parcel
1, said point being the TRUE POINT OF BEGINNING;
Thence South 42°16'03" East 41.83 feet;
Thence South 01 °18'58" East 93.45 feet;
Thence South 27*05'17" East 35.33 feet;
Thence South 25°1T01" West 34.58 feet;
Thence South 16*30' 15" East 95.17 feet;
Thence South 06°25'33" West 24.98 feet;
Thence South 33°35'08" West 36.10 feet;
Thence South 65059'24" West 13.54 feet to the southwesterly line of said Parcel 1;
Thence along the southwesterly, and northwesterly line of said Parcel 1 the following courses: North
24°00'36" West 295.98 feet;
Thence North 23°22'06" East 33.97 feet;
Thence North 65°58'34" East 91.36 feet to the TRUE POINT OF BEGINNING.
Containing 0.62 Acres, or 26,957 Square feet, more or less
This description was prepared
by me or under my direction.
Date
Joh . Duquette, PLS 5 6
Michael Baker International
40810 County Center Drive, Suite 200
Temecula, CA 92591
sItdZ'o
pl LAPvos�
aJOHN R.
ot�Qt�ne
* Nb_
ti
May 1, 2020
JN 175051
Page 1 of 1
7
1
ATTACHMENT B
Depiction of Permanent Access and Maintenance Easement
n
1
u
EXHIBIT "B"
CITY MAINTENANCE EASEMENT
APN: 957-150-005
6ARCIA PROPERTY
5 5a TPOB
POC �N6 ' � 1 � � ---
° 5a
N65 C N
10
-9 0
s
60 30 0 60
SCALE: 1"=60'
0
W
J
Q
U
N
DATA TABLE
@0
BEARING/DELTA
LENGTH
1
N24°01'26"W
55.00'
2
N42°16'03"W
41.83'
3
N01°18'58"W
93.45'
4
N27°05'17"W
35.33'
5
N25°17'01"E
34.58'
6
N16°30'15"W
95.17'
7
N06°25'33"E
24.98'
8
N33°35'08"E
36.10'
9
N65°59'24"E
13.54'
10
N23°22'06"E 1
33.97'
POC = POINT OF COMMENCEMENT
TPOB = TRUE POINT OF BEGINNING
( ) = INDICATES RECORD DATA PER
PM 13678, PMB 73/85-86
SHEET 1 OF 1
INTERNATIONALS
1
11
1
ATTACHMENT A-1
Description of Temporary Construction Easement
1
F�
EXHIBIT "A"
LEGAL DESCRIPTION
TEMPORARY CONSTRUCTION EASEMENT
APN: 957-150-005, GARCIA PROPERTY
That portion of Parcel 1 of Parcel Map No. 13678, in the City of Temecula, County of Riverside,
State of California, as shown on the map recorded in Book 73, Pages 85 and 86 of Parcel Maps,
in the Office of the County Recorder of said Riverside County, described as follows:
COMMENCING at the Centerline Intersection of Nicolas Road and Calle Girasol as shown on said
Parcel Map No. 13678;
Thence along the centerline of said Nicolas Road North 65058'34" East 146.35 feet;
Thence leaving said centerline South 24°01'26" East 55.00 feet to the northwesterly line of said
Parcel 1, said point being the TRUE POINT OF BEGINNING;
Thence along said northwesterly line North 65058'34" East 20.07;
Thence leaving said northwesterly line South 24°01'26" East 39.89 feet;
Thence South 09018'59" East 134.69 feet;
Thence South 12°18'16" West 43.83 feet;
Thence South 16'30'15" East 76.62 feet;
Thence South 06025'33" West 29.42 feet;
Thence South 33035'08" West 41.42 feet;
Thence South 65059'24" West 16.44 feet to the southwesterly line of said Parcel 1;
Thence along said southwesterly and the northwesterly lines of said Parcel 1 North 24000'36"
West 305.98 feet;
Thence North 23022'06" East 33.97 feet;
Thence North 65058'34" East 91.36 feet to the TRUE POINT OF BEGINNING.
Containing 0.72 Acres, or 31,520 Square Feet, more or less
This description was prepared by me or under my direction.
Date: S 1 2.-0
J97 R. Duquetteal-566
LAND S
�QJ 9�F
1OHNcc
R
n. DUDUETTE
* No.7566 Q
\TROF
Michael Baker International May 1, 2020
40810 County Center Drive, Suite 200 JN 175051
Temecula, CA 92591 Page 1 of 1
1
1
1
ATTACHMENT B-1
Depiction of Temporary Construction Easement
1
1
1
EXHIBIT "B"
TEMPORARY CONSTRUCTION EASEMENT
APN: 957-150-005
GARCIA PROPERTY
55a��
POC �N6
146 .
�n
60
FZpP�
DATA TABLE
BEARING/DELTA
LENGTH
1
N24°01'26"W
55.00'
2
N65°58'34"E
20.07'
3
N24°01'26"W
39.89'
4
N09°18'59"W
134.69'
5
N12°18'16"E
43.83'
6
N16°30'15"W
76.62'
7
N06°25'33"E
29.42'
8
N33°35'08"E
41.42'
9
N65'59'24"E
16.44'
10
N23°22'06"E
33.97'
11
N65'58'341.E 1
91.36'
POC = POINT OF COMMENCEMENT
TPOB = TRUE POINT OF BEGINNING
( ) = INDICATES RECORD DATA PER
PM 13678, PMB 73/85-86
/\ANAL LAND
S\
G
G
JOHN R. p
a DUQUETTE 9
* No.7566
SHEET 1 OF 1
INTERNATIONAL