HomeMy WebLinkAbout2023-68 CC ResolutionRESOLUTION NO.2023-68
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, AND RELATED IMPROVEMENTS FOR THE
NICOLAS ROAD FROM BUTTERFIELD STAGE ROAD TO
THE CALLE GIRASOL/NICOLAS ROAD CONNECTION
(CERTAIN PROPERTY INTERESTS ON APN 957-090-023)
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 31,168 square foot
temporary construction easement with a term of twelve months and a covenant authorizing the
construction of certain permanent rip -rap and related drainage improvements in portions of said
31,168 square foot temporary construction easement area on the real property located at 39622
Liefer Road, Temecula, and identified as Riverside County Tax Assessor's Parcel Number 957-
090-023 described more particularly at Section 3 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 05S, 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. 2023-68, 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, and Related Improvements
for the Nicolas Road from Butterfield Stage Road to the Calle Girasol/Nicolas Road Connection
(Certain Property Interests on APN 957-090-023) 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.
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A. The City hereby adopts the Resolution of Necessity authorizing the acquisition by
eminent domain of the approximate 31,168 square foot temporary construction easement with a
term of twelve months described more particularly in Section 3 below for public use, namely to
facilitate the construction of certain public off -site improvements, consisting of public street,
drainage, and related improvements, and for the construction of certain permanent rip -rap and
related drainage improvements in portions of said 31,168 square foot temporary construction
easement area, 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 real property interests (referred to below collectively as the
"Subject Property Interests") on the real property located at 39622 Liefer Road, Temecula, and
identified as Riverside County Tax Assessor's Parcel Number 957-090-023 ("Property") for public
use, namely to facilitate the construction of certain public improvements, consisting of public
street, drainage, and related improvements, and all uses necessary or convenient thereto and to
construct certain permanent rip -rap and related drainage improvements in portions of said 31,168
square foot temporary construction easement area on the Property in connection with the
improvements for the Nicolas Road from Butterfield Stage Road to the Calle Girasol/Nicolas Road
Connection:
• An approximate 31,168 square foot temporary construction easement on the
Property with a term of twelve months described more particularly on EXHIBIT
A and depicted on EXHIBIT B attached hereto and incorporated herein by this
reference to facilitate the construction of the Project with a covenant that would
authorize the construction of certain rip -rap and related drainage improvements
in portions of said 31,168 square foot temporary construction easement area to
protect the related street and drainage improvements from erosion and flooding.
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A rough depiction of the location of the permanent rip -rap and related drainage
improvements that will be constructed within said 31,168 square foot temporary
construction easement area is shown on EXHIBIT C 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 July 11, 2023, City Staff reviewed the environmental documentation prepared
in connection with the Development Project in connection with Staffs 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 Connection. The Subject Property Interests are required to protect the
street and drainage 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 also required for the construction of permanent rip -rap and related drainage improvements in
portions of said 31,168 square foot permanent easement area to protect the street improvements
from flooding.
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. Construction of the
permanent rip -rap and related drainage improvements in a portion of the approximate 31,168
square foot portion of the Subject Property Interests is necessary to protect the street improvements
from erosion and to minimize flooding. The drainage and rip -rap improvements that will be
constructed in portions of the Subject Property Interests located within the Long Valley Wash 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 properties. 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 permanent rip -rap and related drainage
improvements that will be constructed in portions of said 31,168 square foot temporary
construction easement area 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 no
residences or structures are 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, 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, 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 September 20, 2022, the City extended a written offer pursuant to Government Code Section
7267.2 to the owners of record, Isaac G. Navejar and Isabel L. Navejar (Owners). 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. On October 7, 2022, Mr. Navejar requested that the purchase price
for the Subject Property Interests be increased. Additional discussions took place between the
Parties. The City agreed to the Owners' counteroffer and prepared a Purchase and Sale Agreement.
Further communications were held between OPC and Mr. Navejar regarding his agreement to let
the City use the Subject Property Interests for the agreed -upon purchase price. The Owners'
daughter, Vanessa Navejar Ugalde, later requested that all communications to her parents be sent
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to her with a copy to Mrs. Navejar. Further communications were held between the City and the
Owners' daughter. The Purchase and Sale Agreement was emailed to Mr. and Mrs. Navejar's
daughter, on March 7, 2023. Mrs. Navejar was included in the email transmission. The City
followed up several times and on March 23, 2023, Ms. Navejar Ugalde informed the City that the
Owners "did not agree with any of [the City's] information and are definitely not interested in any
of your (cities, builders) thoughts and opinions" regarding the Property. As of July 25, 2023, the
Parties have not reached an 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
dated July 7, 2023 to the Owners, Isaac G. Navejar and Isabel L. Navejar, the record owners of the
Subject Property Interests. The letter and notice informed the Owners of the City's intent to
consider at its July 25, 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 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
Owners of the Subject Property Interests that they 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 are necessary for the Project. On July 7, 2023, City Staff
also sent a courtesy copy of said notice by electronic mail to the Ms. Navejar and the Owners'
daughter.
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 31,168 square foot
temporary construction easement with a term of twelve months on the Property to facilitate the
construction of the Project and to protect the related street and drainage improvements constructed
as part of the Project from erosion and flooding, which is described more particularly on EXHIBIT
A and depicted on EXHIBIT B hereto, and the covenant that would authorize the construction of
certain permanent rip -rap and related drainage improvements in portions of said 31,168 square
foot temporary construction easement area roughly shown on EXHIBIT C hereto to protect the
street improvements from erosion and to minimize flooding, 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, documents and testimony and/or
comments submitted to the City by the Owners or the Owners' 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 Owners pursuant to Government Code
Section 7267.2, the letter and 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 court
of competent jurisdiction to acquire the Subject Property Interests, consisting of the approximate
31,168 square foot temporary construction easement with a term of twelve months described more
particularly on EXHIBIT A and depicted on EXHIBIT B hereto to facilitate the construction of
the Project and a covenant that would authorize the construction of certain rip -rap and related
improvements in portions of said 31,168 square foot temporary construction easement roughly
depicted on EXHIBIT C hereto to protect the related street and drainage improvements roughly
from erosion and flooding and to help minimize flooding on the remainder portions of the Property.
Section 11. Ci y 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 25t' day of July, 2023.
ATTEST•
Randi Johl, City Clerk
[SEAL]
1
Z'14 e��
Zak Schwank, Mayor
1
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. 2023-68 was duly and regularly adopted by the City Council of the City of
Temecula at a meeting thereof held on the 25t' day of July, 2023, by the following vote:
AYES: 4 COUNCIL MEMBERS: Brown, Kalfus, Schwank, Stewart
NOES: 0 COUNCIL MEMBERS: None
ABSTAIN: 0 COUNCIL MEMBERS: None
ABSENT: 1 COUNCIL MEMBERS: Alexander
4;
Randi Johl, City Clerk
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I
EXHIBIT A
LEGAL DESCRIPTION OF TEMPORARY CONSTRUCTION EASEMENT
EXHIBIT A TO EXHIBIT B
LEGAL DESCRIPTION OF TEMPORARY CONSTRUCTION EASEMENT
That portion of Parcel 4 of Parcel Map No. 18022, in the City of Temecula. County of Riverside,
State of C8"fOm18. as shown on the map recorded in Book 112, Pages 28 and 29 of Parcel Maps,
in the Office of the County Recorder of said Riverside County, described as follows.
BEGINNING at the southeasterly comer of said Parcel 4, said point being on the northerly Right of
Way line of Nicolas Road (55.00 foot half -width).
Thence along the easterly line of said Parcel 4 North 09°10 13" West 167 45 feet,
Thence leaving said easterly line South 49'11'17" West 0 92 feet:
Thence South 49°01'49" West 103 63 feet,
Thence South 70`04'10" West 126 67 feet.
Thence South 73°53'38" West 67.95 feet,
Thence South 20°49'47" West 46 75 feet to the westerly line of said Parcel 4,
Thence along said westerly line and the southerly fine of said Parcel 4 South 06'32'34" East 12.12
feet
Thence South 53°38'21" East 33.78 feet to the
Thence North 81°36'16' East 281 06 feet to the POINT OF BEGINNING
Containing 0 72 Acres, or 31,168 Square Feet, more or less
This description was prepared
by me or under my direction
Date z( ZO a JOMN R `
Jo R Duquette LS 7566 DuouET7F
* No inns
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OR (; AI 1F�P2�
Michael Baker International September 2. 2020
40810 County Center Drive Suite 200 JN 175051
Temecula, CA 92591 Page 1 of 1
EXHIBIT A
-I-
L
EXHIBIT B
DEPICTION OF TEMPORARY CONSTRUCTION EASEMENT
APN: 957-090-023
NAVEJAR PROPERTY
,$022 -29
1
1
COLAS ROAD
60
SCALE: 1"-60'
POC ■ POINT OF COAWNCEWNT
TPOB = TRUE POINT OF BEGINNING
( ) = INDICATES RECORD DATA PER
PM NO 18022, PMB 112/28-29
EXHIBIT B
-1-
U
DATA TABLE
BEARING/DELTA
LENGTH
1
N49 11'17'E
0.92
2
N49 01'49"E
103.63'
3
N70 04'10"E
126.67'
4
N73 5J 38"E
67 95'
5
N20 49 47 E
46.75'
6
N06 32 34 W
12.12 -4
7
N53 38'21"w
33.78
SHEET 1 OF 1
I N T E R N A T 1 0 N A L
1
1
EXHIBIT C
DESCRIPTION OF PERMANENT IMPROVEMENTS TO BE CONSTRUCTED ON
PORTION OF GRANTOR'S PROPERTY
APN: 957-NO-023
NAVEJAR PROPERTY
Lu
LL
Lu
_I
60 30 0 60 NICOLAS ROAD
SCALE: I"■60'
I usoBa
TEMPORARY CONSTRUCTION EASEMENT AND COVENANT
FOR CONSTRUCTION OF PERMANENT IMPROVEMENTS
RIP RAP SLOPE EROSION PROTECTION
EXHIBIT C
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INTERNATIONAL