HomeMy WebLinkAbout2024-76 CC Resolution RESOLUTION NO. 2024-76
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF TEMECULA,RESCINDING RESOLUTION NO.2023-68,
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(collectively"Developer")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("Project"):
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("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"). The Property is owned by Isaac G. Navejar
and Isabel L. Navejar("Owners").
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.
F. On July 25, 2023, the City Council of the City of Temecula held a hearing
in accordance with the Eminent Domain Law(Code of Civil Procedure Section 1230.010 et seq.)
and adopted 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
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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.
G. Decatur Advisors, on behalf of the Developer, and the Owners resumed
their negotiations for the Developer's acquisition of the Subject Property Interests after the City
Council adopted Resolution No. 2023-68 and Developer and the Owners reached an agreement on
the terms of the Developer's purchase of the Subject Property Interests.
H. Accordingly, it is necessary for the City to rescind Resolution No. 2023-68
because it is no longer necessary for the City to condemn the Subject Property Interests.
I. The City is authorized to rescind Resolution No. 2023-68 pursuant to Code
of Civil Procedure 1245.260(c), and other provisions of law.
Section 2. Rescission of Resolution Rescinding Resolution No. 2023-68. The City
Council of the City of Temecula adopts Resolution No. 2024-76, a Resolution of the City of
Temecula Rescinding 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.
Section 3. 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 10th day of December, 2024
James Stewart, Mayor
ATTES
LIOSW
Randi Jo"Fray Clerk
[SEAL]
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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. 2024-76 was duly and regularly adopted by the City Council of the City of
Temecula at a meeting thereof held on the 10th day of December, 2024, by the following vote:
AYES: 4 COUNCIL MEMBERS: Alexander, Kalfus, Schwank, Stewart
NOES: 0 COUNCIL MEMBERS: None
ABSTAIN: 0 COUNCIL MEMBERS: None
ABSENT: 0 COUNCIL MEMBERS: None
Randi Johl, City Clerk
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