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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